IPTV IN INDIAIPTV IN INDIA--

SOME LEGAL SOME LEGAL

PERSPECTIVES PERSPECTIVES

A A

PRESENTATION PRESENTATION

BY BY

PAVAN DUGGAL,PAVAN DUGGAL,ADVOCATE,ADVOCATE,

SUPREME COURT OF INDIASUPREME COURT OF INDIAPRESIDENT,CYBERLAWS.NETPRESIDENT,CYBERLAWS.NET

HEADHEAD--PAVAN DUGGAL PAVAN DUGGAL ASSOCIATESASSOCIATESIPTV FORUM,22IPTV FORUM,22--22--20082008

THE THE

INFORMATION INFORMATION

TECHNOLOGY ACT , 2000TECHNOLOGY ACT , 2000

I.T. ACT, 2000:I.T. ACT, 2000:

COVERS IPTVCOVERS IPTV

�� THE IT ACT, 2000 FULLY COVERS IPTV SERVICESTHE IT ACT, 2000 FULLY COVERS IPTV SERVICES

�� THIS IS SO AS INTERNET PROTOCOL TELEVSION THIS IS SO AS INTERNET PROTOCOL TELEVSION

IS NOTHING BUT ELECTRONIC DATA AND IS NOTHING BUT ELECTRONIC DATA AND

INFORMATION MADE AVAILABLE ON COMPUTER INFORMATION MADE AVAILABLE ON COMPUTER

NETWORKS , USING THE INTERNET PROTOCOL.NETWORKS , USING THE INTERNET PROTOCOL.

COMPUTER SYSTEMCOMPUTER SYSTEM

�� Section 2 (1)(l) Section 2 (1)(l)

�� "computer system" means a device or collection of devices, "computer system" means a device or collection of devices,

including input and output support devices and excluding including input and output support devices and excluding

calculators which are not programmable and capable of calculators which are not programmable and capable of

being used in conjunction with external files, which contain being used in conjunction with external files, which contain

computer programmes, electronic instructions, input data computer programmes, electronic instructions, input data

and output data, that performs logic, arithmetic, data storage and output data, that performs logic, arithmetic, data storage

and retrieval, communication control and other functions;and retrieval, communication control and other functions;

COMPUTER NETWORKCOMPUTER NETWORK

�� Section 2 (1)(j) Section 2 (1)(j)

�� "computer network" means the "computer network" means the interconnection of one or more computers interconnection of one or more computers throughthrough——

�� (i) the use of satellite, microwave, terrestrial (i) the use of satellite, microwave, terrestrial line or other communication media; andline or other communication media; and

�� (ii) terminals or a complex consisting of two (ii) terminals or a complex consisting of two or more interconnected computers whether or or more interconnected computers whether or not the interconnection is continuously not the interconnection is continuously maintained;maintained;

DATADATA

�� Section 2 (1)(o) Section 2 (1)(o)

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

INFORMATIONINFORMATION

�� "information" includes data, text, images, "information" includes data, text, images,

sound, voice, codes, computer programmes, sound, voice, codes, computer programmes,

software and databases or micro film or software and databases or micro film or

computer generated micro fichecomputer generated micro fiche

IT ACT, 2000IT ACT, 2000-- THE THE

COMPREHENSIVE LAW COMPREHENSIVE LAW

GOVERNING IPTVGOVERNING IPTV

The definitions and provisions of The definitions and provisions of

the Information Technology the Information Technology

Act, 2000 fully covers all IPTV Act, 2000 fully covers all IPTV

services.services.

IPTV SERVICE PROVIDERSIPTV SERVICE PROVIDERS

IPTV SERVICE PROVIDERS IPTV SERVICE PROVIDERS

BECOME NETWORK SERVICE BECOME NETWORK SERVICE

PROVIDERS UNDER SECTION PROVIDERS UNDER SECTION

79 OF THE IT ACT, 200079 OF THE IT ACT, 2000

Section 79Section 79

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

Network Service Providers:Network Service Providers:

When Not LiableWhen Not Liable

�� Explanation.Explanation.——For the purposes of this section, For the purposes of this section,

——

(a) (a) "network service provider" means an "network service provider" means an

intermediary;intermediary;

(b) (b) "third party information" means any "third party information" means any

information dealt with by a network service information dealt with by a network service

provider in his capacity as an intermediary.provider in his capacity as an intermediary.

USER GENERATED USER GENERATED

CONTENTCONTENT

�� ""third party information" is User third party information" is User

Generated Content.Generated Content.

�� User will be liable for any illegal content.User will be liable for any illegal content.

�� However, the statutory liability of Network However, the statutory liability of Network

Service Providers exists.Service Providers exists.

CAUTION FOR IPTV CAUTION FOR IPTV

SERVICE PROVIDERSSERVICE PROVIDERS

�� The IT Act, 2000 mandates “all due The IT Act, 2000 mandates “all due

diligence”diligence”

�� IPTV Service Providers must embark upon IPTV Service Providers must embark upon

documented due diligence, to limit their documented due diligence, to limit their

liability for UGC and other violations on the liability for UGC and other violations on the

network.network.

�� This is necessary as cases for NSP Liability This is necessary as cases for NSP Liability

aeae already increasingalready increasing

NEED TO COMPLY NEED TO COMPLY

�� There is a need to proactively comply with the There is a need to proactively comply with the

requirements of the Indian Cyberlaw .requirements of the Indian Cyberlaw .

�� Necessary to limit liability and emergence of Necessary to limit liability and emergence of

undesirable consequences.undesirable consequences.

�� The Information Technology Act, 2000 The Information Technology Act, 2000

currently under review by the Government.currently under review by the Government.

�� Need to adopt a flexible approach of due Need to adopt a flexible approach of due

diligence.diligence.

NEW GUIDELINESNEW GUIDELINES

�� NEW GUIDELINES , BEING NEW GUIDELINES , BEING

CONSIDERED BY THE MINISTRY OF CONSIDERED BY THE MINISTRY OF

I&B, MUST BE DRAFTED, KEEPING IN I&B, MUST BE DRAFTED, KEEPING IN

MIND THE REQUIREMENTS OF THE MIND THE REQUIREMENTS OF THE

IPTV INDUSTRY IN INDIAIPTV INDUSTRY IN INDIA

�� REGULATORY POLICIES NEED TO BE REGULATORY POLICIES NEED TO BE

ENABLING IN NATURE IN ORDER TO ENABLING IN NATURE IN ORDER TO

ENSURE THE CONTINUED GROWTH ENSURE THE CONTINUED GROWTH

OF THE IPTV INDUSTRY.OF THE IPTV INDUSTRY.

BALL IN MINISTRYBALL IN MINISTRY’’S COURTS COURT

�� THE MINISTRY OF I&B NEEDS TO THE MINISTRY OF I&B NEEDS TO

DEFINE , WHAT EXACTLY DEFINE , WHAT EXACTLY

WOULD BE THE PARAMETERS OF WOULD BE THE PARAMETERS OF

““ALL DUE DILIGENCEALL DUE DILIGENCE”” THAT THE THAT THE

MINISTRY WANTS THE IPTV MINISTRY WANTS THE IPTV

SERVICE PROVIDERS NEED TO SERVICE PROVIDERS NEED TO

COMPLY WITH.COMPLY WITH.

BALL IN MINISTRYBALL IN MINISTRY’’S S

COURT(contdCOURT(contd) )

�� IF THE IPTV SERVICE PROVIDERS IF THE IPTV SERVICE PROVIDERS

COMPLY WITH THESE COMPLY WITH THESE

PARAMETERS, THEY SHOULD BE PARAMETERS, THEY SHOULD BE

EXEMPT FROM ALL LIABILITY EXEMPT FROM ALL LIABILITY

FOR UGC OR THIRD PARTY DATA FOR UGC OR THIRD PARTY DATA

OR INFORMATION MADE OR INFORMATION MADE

AVAILABLE BY THEM.AVAILABLE BY THEM.

BALL IN MINISTRYBALL IN MINISTRY’’S S

COURT(contdCOURT(contd) )

�� THERE IS NEED FOR MORE THERE IS NEED FOR MORE

DISCUSSION BY THE MINISTRY WITH DISCUSSION BY THE MINISTRY WITH

THE IPTV INDUSTRY TO JOINTLY THE IPTV INDUSTRY TO JOINTLY

EXPLORE PARAMETERS OF DUE EXPLORE PARAMETERS OF DUE

DILIGENCEDILIGENCE

�� PRACTICAL DIFFICULTIES OF THE PRACTICAL DIFFICULTIES OF THE

IPTV INDUSTRY NEEDS TO BE TAKEN IPTV INDUSTRY NEEDS TO BE TAKEN

INTO CONSIDERATION.INTO CONSIDERATION.

CONCLUSIONCONCLUSION

�� THE IPTV INDUSTRY NEEDS THE IPTV INDUSTRY NEEDS

ENABLEMENT AND NOT ENABLEMENT AND NOT

REGULATIONREGULATION

�� GUIDELINES OF THE MINISTRY GUIDELINES OF THE MINISTRY

NEED TO BE INDUSTRY NEED TO BE INDUSTRY

FRIENDLY.FRIENDLY.

THAT WAS A PRESENTATION THAT WAS A PRESENTATION

BY BY

PAVAN DUGGAL,PAVAN DUGGAL,

ADVOCATE, SUPREME COURT OF INDIAADVOCATE, SUPREME COURT OF INDIA

PRESIDENT, CYBERLAWS.NETPRESIDENT, CYBERLAWS.NET

HEADHEAD--PAVAN DUGGAL ASSOCIATES PAVAN DUGGAL ASSOCIATES

EMAIL : EMAIL : pduggal@pduggal@vsnl.comvsnl.com

ppduggal@gmail.comduggal@gmail.com