IPTV IN INDIA- SOME LEGAL PERSPECTIVES

Transcription

1 IPTV IN INDIA- SOME LEGAL PERSPECTIVES

2 A PRESENTATION BY PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA PRESIDENT,CYBERLAWS.NET HEAD-PAVAN DUGGAL ASSOCIATES IPTV FORUM,

3 THE INFORMATION TECHNOLOGY ACT, 2000

4 I.T. ACT, 2000: COVERS IPTV THE IT ACT, 2000 FULLY COVERS IPTV SERVICES THIS IS SO AS INTERNET PROTOCOL TELEVSION IS NOTHING BUT ELECTRONIC DATA AND INFORMATION MADE AVAILABLE ON COMPUTER NETWORKS, USING THE INTERNET PROTOCOL.

5 COMPUTER SYSTEM Section 2 (1)(l) "computer system" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;

6 COMPUTER NETWORK Section 2 (1)(j) "computer network" means the interconnection of one or more computers through (i) the use of satellite, microwave, terrestrial line or other communication media; and (ii) terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained;

7 DATA Section 2 (1)(o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;

8 INFORMATION "information" includes data, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche

9 IT ACT, THE COMPREHENSIVE LAW GOVERNING IPTV The definitions and provisions of the Information Technology Act, 2000 fully covers all IPTV services.

10 IPTV SERVICE PROVIDERS IPTV SERVICE PROVIDERS BECOME NETWORK SERVICE PROVIDERS UNDER SECTION 79 OF THE IT ACT, 2000

11 Section 79 For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or regulations made thereunder for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention.

12 Network Service Providers: When Not Liable Explanation. For the purposes of this section, (a) "network service provider" means an intermediary; (b) "third party information" means any information dealt with by a network service provider in his capacity as an intermediary.

13 USER GENERATED CONTENT "third party information" is User Generated Content. User will be liable for any illegal content. However, the statutory liability of Network Service Providers exists.

14 CAUTION FOR IPTV SERVICE PROVIDERS The IT Act, 2000 mandates all due diligence IPTV Service Providers must embark upon documented due diligence, to limit their liability for UGC and other violations on the network. This is necessary as cases for NSP Liability ae already increasing

15 NEED TO COMPLY There is a need to proactively comply with the requirements of the Indian Cyberlaw. Necessary to limit liability and emergence of undesirable consequences. The Information Technology Act, 2000 currently under review by the Government. Need to adopt a flexible approach of due diligence.

16 NEW GUIDELINES NEW GUIDELINES, BEING CONSIDERED BY THE MINISTRY OF I&B, MUST BE DRAFTED, KEEPING IN MIND THE REQUIREMENTS OF THE IPTV INDUSTRY IN INDIA REGULATORY POLICIES NEED TO BE ENABLING IN NATURE IN ORDER TO ENSURE THE CONTINUED GROWTH OF THE IPTV INDUSTRY.

17 BALL IN MINISTRY S S COURT THE MINISTRY OF I&B NEEDS TO DEFINE, WHAT EXACTLY WOULD BE THE PARAMETERS OF ALL DUE DILIGENCE THAT THE MINISTRY WANTS THE IPTV SERVICE PROVIDERS NEED TO COMPLY WITH.

18 BALL IN MINISTRY S COURT(contd) IF THE IPTV SERVICE PROVIDERS COMPLY WITH THESE PARAMETERS, THEY SHOULD BE EXEMPT FROM ALL LIABILITY FOR UGC OR THIRD PARTY DATA OR INFORMATION MADE AVAILABLE BY THEM.

19 BALL IN MINISTRY S COURT(contd) THERE IS NEED FOR MORE DISCUSSION BY THE MINISTRY WITH THE IPTV INDUSTRY TO JOINTLY EXPLORE PARAMETERS OF DUE DILIGENCE PRACTICAL DIFFICULTIES OF THE IPTV INDUSTRY NEEDS TO BE TAKEN INTO CONSIDERATION.

20 CONCLUSION THE IPTV INDUSTRY NEEDS ENABLEMENT AND NOT REGULATION GUIDELINES OF THE MINISTRY NEED TO BE INDUSTRY FRIENDLY.

21 THAT WAS A PRESENTATION BY PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA PRESIDENT, CYBERLAWS.NET HEAD-PAVAN DUGGAL ASSOCIATES pduggal@vsnl.com pduggal@gmail.com