Telecommunication and Media Laws Practice
Our Telecommunication and Media Laws practice advises on the Telecommunications Act, 2023, which replaced the Indian Telegraph Act, 1885 after 138 years, TRAI regulatory compliance, broadcasting licences, OTT content regulation under the IT (Intermediary Guidelines) Rules, 2021, and the IP framework for media content. For businesses operating telecommunications infrastructure, broadcasting services, and digital media platforms in India, regulatory compliance requires current specialist advisory.
- The Telecommunications Act, 2023 replaced the Indian Telegraph Act, 1885 and substantially restructured the authorisation framework for telecom services. All entities providing telecom services must now operate under the new authorisation framework.
- TRAI’s regulatory directions on tariffs, quality of service, and interconnection apply to licensed telecom service providers. We advise on TRAI compliance and represent operators before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
- Broadcasting services — television, radio, and cable — are licensed by the Ministry of Information and Broadcasting. OTT content platforms are subject to the IT (Intermediary Guidelines) Rules, 2021 Part III self-regulation framework.
- Content liability for media platforms is governed by the IT Act, 2000 safe harbour framework, the Cable Television Networks (Regulation) Act, 1995 for broadcasters, and applicable programme and advertisement codes.
- Our Copyrights and IP Enforcement practices work directly with the Telecom & Media team for clients whose requirements span both regulatory compliance and content IP management.
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Telecommunications Act, 2023 — The New Regulatory Framework
The Telecommunications Act, 2023 replaced the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933. The new Act introduces: an authorisation framework replacing the prior unified licence and other telecom licensing instruments; government powers to requisition telecommunications services and infrastructure in national security situations; an updated spectrum assignment framework; a Right of Way framework for setting up telecom infrastructure; provisions relating to the insolvency treatment of spectrum rights; and updated enforcement powers. We advise telecom service providers and infrastructure companies on compliance with the Telecommunications Act and on the transition from legacy licences to the new authorisation framework.
TRAI Regulatory Advisory
We advise telecommunications service providers on their obligations under the Telecom Regulatory Authority of India Act, 1997 and TRAI’s Regulations, Directions, and Orders. TRAI’s regulatory jurisdiction covers tariff matters, quality of service standards, interconnection arrangements, and the introduction of new services. We advise on tariff filings, quality of service audit responses, and TRAI consultation submissions. We also represent telecom operators before the TDSAT in proceedings where TRAI directions or telecom licence conditions are in dispute.
“The Telecommunications Act, 2023 replaced India’s telegraph-era regulatory framework after 138 years. Most telecom operators are still mapping what changed — and which of their legacy obligations have been superseded.”Broadcasting Regulation and OTT Content
Broadcasting services in India are regulated by the Ministry of Information and Broadcasting under applicable guidelines and licences. We advise on broadcaster licence applications and renewals, the Cable Television Networks (Regulation) Act, 1995 compliance, and the programme and advertisement codes issued by MIB. OTT content platforms are subject to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require them to publish content classification ratings, constitute grievance redressal mechanisms, and participate in a self-regulatory body framework. We advise OTT platforms on compliance with these requirements and on managing complaints and regulatory proceedings under the MIB oversight mechanism.
Media Content IP and Licensing
We advise broadcasters, production companies, and streaming platforms on the IP framework for content — copyright ownership structuring, content licensing across formats and territories, talent agreement IP assignment, and enforcement against piracy. Our Copyrights and IP Enforcement practices work directly with the Telecom & Media team for clients whose legal requirements span both regulatory compliance and content IP management. Across 13 partners and 220+ professionals from offices in New Delhi, Mumbai, Chennai, Hyderabad, and Bangalore.
Frequently Asked Questions
telecommunication-and-media-laws-practice-faq
The Telecommunications Act, 2023 replaced the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933 — India’s primary telecommunications legislation since the colonial era. The new Act introduces an authorisation framework for telecom services (replacing the prior licensing regime), a right of way framework for telecom infrastructure, updated spectrum assignment provisions, new national security interception powers, and modernised enforcement provisions. Transition from existing licences to the new authorisation framework is ongoing.
The Telecom Regulatory Authority of India (TRAI) is the independent regulator for the telecommunications sector under the TRAI Act, 1997. TRAI makes recommendations to the government on licensing, spectrum pricing, and market structure, and issues regulations and directions on tariffs, quality of service, and interconnection. Appeals from TRAI orders lie to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), and from TDSAT to the Supreme Court.
OTT content platforms (video streaming services such as Netflix, Prime Video, and domestic platforms) are currently regulated under Part III of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires them to: publish content classification ratings consistent with a prescribed content classification framework; constitute a grievance redressal mechanism; participate in a self-regulatory body; and comply with the oversight mechanism of the Ministry of Information and Broadcasting. A Broadcasting Services (Regulation) Bill has been under consideration that would bring OTT platforms under a statutory broadcasting framework.
Television broadcasting in India requires a licence from the Ministry of Information and Broadcasting, with uplinking and downlinking permission. Cable television networks require registration under the Cable Television Networks (Regulation) Act, 1995. FM radio broadcasting requires a licence under the Phase III FM Policy. The applicable licence type, fee, and conditions depend on the nature of the broadcasting service. The Broadcasting Services (Regulation) Bill, if enacted, may restructure the licensing framework.
A broadcaster or streaming platform needs: trademark registration for the platform brand and channel names; copyright ownership structuring for all content it produces or commissions (ensuring assignments from scriptwriters, composers, and performers are in writing under Section 19 of the Copyright Act, 1957); content licence agreements with express scope covering the intended platforms, formats, and territories; and enforcement mechanisms for digital piracy including dynamic injunction orders from the Delhi High Court against piracy sites.