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Government clarifies on IPTV guidelines

Indiantelevision.com Team

(3 January 2009 11:56 pm)

NEW DELHI: The Information and Broadcasting ministry has clarified that multi-system operators/Cable operators can only provide content permissible under the "Cable TV Networks (Regulation) Act, 1995" and in conformity with advertisement and programme codes prescribed under the "Cable Television Networks Rules 1994."

The ministry also said in a clarificatory note issued recently that Rule 6(3) of the Cable Television Networks Rules 1994 clarifies that "no content can be included in cable service in respect of which copyright subsists under the Copyright Act, 1957 unless he has been granted a license by the owners of copyright."

In view of this, the ministry said it is expected that MSOs/cable operators will provide content to telecom licensees for Internet protocol TV (IPTV) services only after obtaining the relevant rights for the same failing which it will be treated as a violation of programme code liable for suitable action as per law.

The clarification was issued after certain broadcasters expressed apprehensions that clause (vii) of the guidelines for IPTV service issued by this ministry on 8 September 2008 for compliance of IPTV service providers may be used by MSOs/cable operators to distribute the contents of TV channels to telecom IPTV licensees without obtaining relevant rights from the content owners resulting in violation of the terms and conditions on which content is being provided by the rights owner to MSOs/ cable operators.

The ministry drew attention to clause (v) of the IPTV policy guidelines, wherein it has been stated that provisions of Cable Television Networks (Regulation) Act, 1995 and rules thereto and regulations issued by Telecom Regulatory Authority of India will continue to be applicable to IPTV services of cable operators.