INDIA Law and Practice Contributed by: Shivalik Chandan, Hardik Choudhary, Dhruv Singh and Arjun Khurana, G&W Legal
its scope. The Cable Television Act requires all entities intending to operate as a cable operator to register themselves with the relevant author - ity. All cable operators are required to com - ply with the prescribed programme code and advertisement code. The Cable Television Act also imposes certain other obligations on cable operators, such as the requirement to manda - torily broadcast “Doordarshan” channels (TV channels operated by the Indian government), maintain certain registers, and transmit certain programmes/channels as prescribed by the Indian government. Applications for approval to function as a cable operator are to be accompanied by the pre - scribed fee. Only individuals who are citizens of India, or companies incorporated under the laws of India, are permitted to register as cable operators. Guidelines for Uplinking and Downlinking of Television Channels In 2022, the Indian government issued the Guidelines for Uplinking and Downlinking of Tel - evision Channels to regulate satellite television operations. These guidelines set different fees for uplinking and downlinking TV channels, with annual permission fees required for such activi - ties in India. They also prescribe minimum net worth requirements and make the programme and advertisement codes under the Cable Tel - evision Act applicable to satellite TV channels, with penalties ranging from advisories to sus - pension or revocation of permissions. Operating an Over-The-Top (OTT) Platform For internet streaming, no specific legislation has been introduced. Operating an Over-The- Top (OTT) platform does not require registration or approval. However, OTT platforms are clas - sified as “intermediaries” under the IT Act and
must comply with the IT Rules 2021. These rules require intermediaries, including social media platforms hosting user-generated content, to fol - low due diligence provisions to benefit from the “safe harbour” protection granted by the IT Act. IT Rules 2021 Obligations imposed by the IT Rules 2021 include the publication of the terms of use and privacy policy of the platform on its website or mobile app; the need to provide annual notice of these to users as well; and the obligation to inform users annually that in case of non-com - pliance with the platform’s terms of use or pri - vacy policy, their right to use the platform may be restricted. Additionally, intermediaries are required to make “reasonable efforts” to ensure that content hosted on the platform is compliant with certain conditions, such as those regarding obscenity, infringing upon intellectual property rights, content being deceptive as to its origin or information, or content which threatens the unity, integrity, defence, security or sovereignty of India, among other conditions. Intermediar - ies are also required to put in place a grievance redressal mechanism by instituting a “grievance officer”, who is required to acknowledge any complaint within 24 hours of receipt and resolve it within 15 days of receipt.
6. Telecommunications 6.1 Scope of Regulation and Pre-
Marketing Requirements Applicable Law and Scope
As mentioned previously, the Telecom Act is the “new” primary legislation governing the telecom - munications sector in India, replacing the Tel - egraph Act and the Wireless Telegraphy Act. The Telecom Act regulates various aspects, including extra-territorial applicability, biometric verifica -
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