| Introduction to convergence: | | | | against ordinary consumers who are also creating |
| The Gutenberg era is over. A new digital | | | | content. Brands no longer know exactly which sector |
| communications technology has emerged. | | | | they are operating in, whom they are competing |
| Convergence is presented as a technological force | | | | against and with what tools. |
| majeure. In the 21st century it seems nearly | | | | Furthermore, convergence makes life more |
| impossible to follow developments in technology, | | | | complicated for publishers because they have to |
| business or journalism without encountering the word | | | | react to other competitors and changing needs and |
| convergence. An electronic superhighway is beginning | | | | changing media usage of their usage target groups. |
| to girdle the globe as voice; video and data | | | | |
| converge, bringing in their wake a new basket of | | | | Regulation and Legal Aspects: |
| digital, multimedia and interactive communication | | | | Convergence presents a challenge for broadcasting |
| technologies. | | | | policy. Technological change is a feature of the media |
| The term convergence has often been used over | | | | industries, but shifts in technology and the |
| the last decade to describe the processes through | | | | emergence of new media markets have created |
| which technologies, such as computers, telephony, | | | | new uncertainties. The pace of technological change |
| and broadcasting have come together to spark the | | | | in media and communications may increase in nearby |
| so-called ‘communication revolution’. It brings | | | | future. For example, the consequences for |
| things together in a common format or in the same | | | | broadcasting policy of cheap, ubiquitous, international |
| space. In common parlance, it means the coalescence | | | | broadband networks would be far reaching. |
| and melting of traditionally separated communications. | | | | Technology change has ramifications for many |
| It denotes a general phenomenon- the ongoing | | | | specific areas of media regulation, access to |
| effects of digital technology in media and | | | | spectrum, the definition of digital television services, |
| communications. The features of convergence are | | | | ownership and control, and content regulation. |
| that it is driven by technology, is a powerful force | | | | The convergence of the telecommunications |
| for change, and is global, prospective and | | | | networks, media distribution networks, and the |
| unpredictable. | | | | internet during the last decade raises important |
| There is a strong sense of proliferating links within | | | | questions about where the locus of control ought to |
| the communications sector, telecommunication | | | | lie with respect to these converged networks, the |
| companies, print media organizations, internet service | | | | level of control that governments and others ought |
| providers, and information publishers and suppliers, | | | | to exert, and the relationship between national and |
| among many other parts are part of this sector. The | | | | international law. To date, regulatory regimes have |
| traditional boundaries that circumscribed the roles of | | | | treated three modes of communication very |
| traditional stakeholders in the news media no longer | | | | differently. First, the law has treated the transmission |
| exist. This revolution has been greatly hyperbolized | | | | of voice and data over the traditional telephony |
| by a number of influential commentators in industry, | | | | networks as subject to substantial national regulation |
| government and academia. | | | | and certain international coordination. Second, the law |
| Convergence has been most manifest in the digital | | | | has considered content transmitted over myriad |
| communications environment with the merging of the | | | | networks as subject to a separate regime of media |
| computer, television, and telecommunications | | | | laws. Third, communications over internet protocol |
| industries. Those vying for a slice of the market | | | | based networks have, in their history, often been left |
| include telephone, cable television, entertainment, | | | | largely unregulated, for a variety of reasons, in an |
| broadcasting, and newspaper companies, as well as | | | | overtly legal sense, but subject to many less formal |
| satellite, software and computer companies. One of | | | | types of regulation by private and public entities. |
| the fundamental drivers of this convergence is | | | | The growth of the importance and the scope of the |
| reader’s demand for access to content anytime, | | | | internet, as well as its growing ability to transmit rich |
| anywhere. | | | | data streams across geographic boundaries, present |
| | | | | a conundrum for the law by causing a convergence |
| | | | | of technologies and challenging the old nation state |
| Effects of convergence: | | | | based regulatory regime. |
| At its most general, convergence is the breaking | | | | There are several issues that affect the choice of |
| down of old barriers that once divided communication | | | | policies that govern the traditional communications |
| along several dimensions: between industry and | | | | networks and internet protocol-based technologies. |
| industry; between applications and applications; | | | | Chief among these issues is whether |
| between producer and consumer; and between | | | | telecommunications and media law and policy should |
| country and country. A change is taking place in the | | | | be applied to internet-based technologies as it is; |
| consumption of media technologies. Consumption | | | | whether the telecommunications and media rules |
| convergence makes a move away from the | | | | should be adapted to the new environment and then |
| traditional mode of media consumption. What was | | | | applied to the converged technologies; or whether |
| once a solitary and singular activity, e.g., early radio | | | | separate regulatory regimes should exist to cover |
| listening, has changed into a shared, collective | | | | these two types of networks differently. Changes in |
| experience not just of media content reception but | | | | communications technology will require policy |
| also in the form of media texts received. What | | | | responses. |
| makes consumption convergence unique is that the | | | | The directions and speed of convergence are unclear, |
| user is paying attention and is alert to competing | | | | but the fact of continuing change in the media and |
| media at the one time. With the convergence of | | | | telecommunications industries is certain. Unlike |
| media technologies, early research in the field | | | | telecommunications, broadcasting policy has been, |
| suggests that the use and consumption of media | | | | and continues to be, characterized by highly |
| technologies, both old and new, is being irrevocably | | | | prescriptive regulation. The legislation concerning the |
| transformed. Competing newspapers and television | | | | introduction of digital television attempts to mandate |
| stations from alliances to meet a variety of | | | | specific television formats and services. |
| technological, editorial, regulatory and market-based | | | | |
| opportunities and challenges. Today, media | | | | Convergence law in India: |
| convergence is sparking a range of social, political, | | | | The Supreme Court in the case of Secretary of the |
| economic and legal disputes because of the conflicting | | | | Ministry of IB v. The Cricket Association of Bengal[1], |
| goals of consumers, producers and gatekeepers. | | | | for the first time went into the dynamics of |
| With media convergence, new forms of media use | | | | electronic media. The case related to the denial of |
| have emerged: users can enhance a media encounter | | | | up- linking facility to private broadcasting company, to |
| by controlling the streams of information and have | | | | which the Board of Cricket in India had given right to |
| the ability to interact with not only the media itself, | | | | telecast cricket matches. The decision held in this |
| but also the content provider and other users. The | | | | case laid down the foundation of the autonomy of |
| implication is that consumers are becoming less and | | | | the broadcasting media in the country. The court |
| less dependent on any single media type and less and | | | | declared in clear words that Air Waves are public |
| less loyal to any single media type. They can get | | | | property and their use is to be in public interest and |
| what they need when they need it from whatever | | | | called upon the Parliament to enact the separate |
| media source is available. | | | | Broadcasting act in the country. The judgement thus |
| | | | | forms the genesis of Convergence in country. |
| Benefits of convergence: | | | | Subsequently various acts to regulate Cable TV and |
| Media content creators could take advantage of this | | | | Broadcasting Bill along with the notification of the |
| opportunity to make content that is specifically | | | | Prasar Bharti came to be of much importance. The |
| designed for consumption in a particular context, | | | | Broadcasting Bill of 1997 is a step towards providing a |
| especially novel or unusual contexts. For content | | | | regulatory mechanism to supervise the growing |
| providers, media convergence also implies that | | | | broadcasting media. |
| creative content will only have to be created once, | | | | In December 1998, a group under the chairmanship |
| not several times for the varying media formats. This | | | | of the Finance Minister to expeditiously implement the |
| too, will save content providers time and money in | | | | telecom policy 1999 whilst taking into account the |
| the long run. | | | | increasing convergence between telecom and IT. |
| For content providers, the switch to convergent | | | | Accordingly, a group on Telecom and IT |
| media may initially be expensive, as they will have to | | | | convergence was duly constituted under the |
| invest in new equipment. But in the long run, it will | | | | chairmanship of the Finance Minister by Government |
| open up more possibilities. As of now, television | | | | of India notification dated December 13, 1999. The |
| advertisements are usually very elaborate, but the | | | | group recommended the formulation and |
| experience is very passive. Viewers cannot simply | | | | implementation of Communication Convergence Bill, |
| click on them if they want more information or want | | | | 2000 which is still pending in the Parliament. |
| to purchase the item being mentioned as they can | | | | |
| on the internet. With converged media, it would be | | | | Conclusion: |
| possible to integrate both types of advertisement | | | | It can be inferred that convergence is still in its |
| into one, allowing for both elaborate presentations | | | | beginning stages and for complete digital |
| and complex interactions. The addition of | | | | convergence to become reality; we’ll need to |
| informational bits to the media stream, in combination | | | | see technological changes in every stage of the |
| with these all-in-one devices, will allow content to be | | | | information infrastructure. |
| more customized to the viewer’s needs and | | | | Convergence is here to stay and former ‘single |
| wants. The device may have some sort of filtering | | | | media’ publishers have to transform themselves |
| agent that only displays advertisements that are of | | | | to Information Providers or Entertainment Providers. |
| interest of the viewers. | | | | Media industry is one of the most growing branches |
| | | | | but existing players have to adapt to changing needs |
| Views against convergence: | | | | and to changing media usage and the new players |
| Convergence created unpredictability. Earlier the | | | | would have to look for co-operations or acquisitions |
| behaviour of the media consumers could be predicted | | | | within the traditional business. |
| with some degree of accuracy. But in the new world | | | | There is need for implementing the convergence law |
| of converged media technologies and content, it is | | | | considering the vast technological developments |
| far more difficult to predict which of the many media | | | | taking place in the field and to govern the use of |
| types any demographic will be paying attention to at | | | | emerging technologies in telecom, information |
| any given time. The options are far more numerous, | | | | technology, and broadcasting. With technology |
| which makes for a huge range of permutations. | | | | blurring the lines between telecommunication and |
| Convergence brings a further complication; it means | | | | broadcasting, a comprehensive law governing both is |
| the owned/branded content is likely to be sharing | | | | imperative. Thus the Communication Convergence Bill |
| space with unbranded or consumer-created content, | | | | of 2000 should be brought into effect immediately to |
| especially on interactive technologies such as a | | | | regulate the scenario of convergence in the country. |
| computer or a cell phone. The consumer-created | | | | Services should be technology agnostic, not |
| content may be a text message or an e-mail, blog or | | | | hampered by overly expensive charges such as |
| instant chat. The fact that consumers themselves | | | | licence fees or other imposts that tilt the playing field |
| can create and distribute media content makes things | | | | in favour of any one technology over the other. |
| even more predictable, especially for branded media | | | | Unified licensing, greater flexibility in spectrum |
| content. The branded content owners do not just | | | | allocation and reduction in license fee are all |
| have to compete against each other; they also have | | | | commendable suggestions and need to be considered |
| to compete for consumer’s time and attention | | | | on a priority basis. |