Experts discuss competition laws governing digital media in India

At e4m-DNPA Future of Digital Media conference, industry experts came together for a panel discussion on ‘competition laws governing digital media- need for review’. The discussion was chaired by Dhanendra Kumar, former chairman of Competition Commission of India. The panelists were Karan Singh Chandhiok- Practice Head-Competition Law- Chandhiok and Mahajan; Pawan Duggal- Head- Pawan Duggal Associates; Parthasarthi Jha; Economic law practice; Avaantika Kakkar, Partner-Competition - Cyril Amarchand Mangaldas; Vaibhav Kakkar, Partner- Saraf and Partners; Abir Roy- co-founder- Sarvada legal, Anil Malhotra, Head- Public & Regulatory Affairs, Zee Entertainment Enterprises Limited. 

Kumar opened the discussion briefing the audience about the competition laws governing digital media in India and how they were help in accelerating the country’s economic growth.

Anil Malhotra joined the conversation, “Certain perspectives change when we move from linear to digital media, and we are governed by certain regulations in linear which are not duplicated in the digital domain. The organised media player expects a fair and transparent revenue share because the organised media invest a lot in people, infrastructure, and building networks.”

Karan Singh Chandhiok added, “We have good laws, but lack enforcement. Law creates a framework that is flexible enough to deal with eventualities. Besides looking at the competition laws, we should look at a broad picture that includes more information. From a business perspective, the three things to keep in mind while catching up and implementing laws are: predictability and certainty in enforcement, regulatory dialogue and unintended consequences of both legislations and enforcement.”

Abir Roy mentioned, “The biggest challenge is the enforcement of a particular law. Enforcement needs to be certain and the regulator needs to be more dynamic.

Joining the discussion, Avaantika Kakkar shared her views on digital media. “When the pandemic began and we did not get newspapers, we started reading content online. We evolved much during the pandemic and we witnessed the scenario of subscription-based news platforms. Digital players are creating opportunities, which result in access which was never explored before.”

On the legal system, she said, “We have a robust legal system, IP laws, and data protection laws, some laws are evolving, and amendments are being introduced. 

Kumar then asked Parthasarthi Jha to share how digital media is evolving and how the internet has obliterated geographical borders. On laws, Parthasarthi said, “the new law must be fabricated and addressed in a manner that must contain some base work.”

Pawal Duggal opined that internet has transformed human beings into data entities. “We all have become global authors, global transmitters, and global broadcasters of data, and in scenarios like such, we have to keep aside the traditional perceptions of media and should start looking at things from the digital media point of view,” he said.

Duggal said that chatgpt which has completely changed the landscape of digital media. “It is a revolutionary kind of algorithm that has shaken the entire world and which is probably going to impact the content being prepared by media organisations as it is going to be more AI-based.”

Talking about competition laws Vaibhav mentioned the mendment introduced by MIB recently on fake news
that talks about giving Press Information Bureau the responsibility to declare what is fake news. He said, “We need independent arbitrators to decide more on free speech.”

He also mentioned that India should not always copy the West while framing and implementing legislation. “India is a completely different country in terms of population count and other things. India needs evidence based laws and not perceptions-based laws,” he opined.

As concluding remarks, Dhanendra requested all the panellists to sum up pointers of the conversation. The key pointers were: sanitise publishers operating out from India to clear the ground for Indian digital players in fair revenue share; study the laws before enforcing to avoid adverse repercussions; law should be evidence-based and it should ensure fairness and reasonability among the market participants; the idea of fairness is more pervasive, it’s not limited to internet and digital media and it is important for marketers to be flexible to get the fair share in the business; the law should be fair and competition law is not the socialisation of private property; India require a dedicated law on digital media; India need to think carefully at the regulations.