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@[email protected]
[email protected]@gmail.com
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