4.4 Modification to Broadcasting and ICT Legislation to Address Convergence

In order to facilitate the development of new technologies, which brings telecommunications, broadcasting, and the Internet closer together, the regulatory frameworks governing these industries are being coordinated, and correspondingly modified, so that they are all focused on the same objectives.1 Today, the ICT sector requires governments to undertake a broader perspective of law and regulation and assess the impact and interaction of telecommunications legislation with ICT related legislation, such as media/broadcasting legislation, content laws, intellectual property laws, and privacy laws. As shown in Table 4-8, several countries (e.g., Hong Kong SAR and India) have adopted or are in the process of adopting ICT-related legislation.

Table 4-8: Snapshot of ICT Legislation in Hong Kong SAR and India2

Hong Kong SAR

India

The Telecommunications Ordinance, (Chapter 106), 2000

The Broadcasting Ordinance (Chapter 562)

The Personal Data (Privacy) Ordinance (Chapter 486), 1995

The Electronic Transactions Ordinance (Chapter 553), 2000

The Telecommunications Regulations, 2000

The Copyright Ordinance, 1997

The Patents Ordinance, 1997

The Trade Marks Ordinance (not yet in operation)

The Intellectual Property Ordinance, 1998

The Control of Obscene and Indecent Articles Ordinance, 1998

The Indian Telegraph Act, 1885

The Indian Wireless Telegraphy Act, 1933

Telegraph Wire Unlawful Possession Act, 1950

The Cable Television Networks (Regulation) Act, 1995

The Telecom Regulatory Authority of India Act, 1997

The Information Technology Act, 2000

The Information Technology (Certifying Authority) Rules, 2000

The Cyber Regulations Appellate Tribunal (procedure) Rules, 2000

The Information Communications and Entertainment Bill, 2000

The Convergence Bill, 2002

However, to achieve the benefits of the information society requires the adaptation of legal frameworks and in-depth coordination with the relevant sectors to develop integrated solutions to the regulatory challenges arising from convergence and the introduction of new technologies.

ENDNOTES

1 The Implications of Convergence for Regulation of Electronic Communications, OECD Working Party on Telecommunication and Information Services Policies, 12 July 2004, at 3-7.

2 OFTA Virtual Training Centre, ICT Legislations – FAQ, available at http://www.itu-coe.ofta.gov.hk/vtm/ict/faq/q2.htm

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Contents

4.4.1 Media and Broadcasting Legislation 4.4.2 Content 4.4.3 Intellectual Property Laws 4.4.4 Data Protection/Privacy Laws

Toolkit user contributions for this section

Adele Mda (OU) said: |

ICT and Broadcasting

Is broadcasting considered an ICT?

Tim Kelly (infoDev (The World Bank)) said: |

Is Broadcasting an ICT?

The issue of whether broadcasting is treated as an ICT is quite a difficult one and it is treated differently in different countries. A good reference source is the work done by the OECD Working Party on Indicators for the Information Services (WPIIS). In their original work, part of the broadcasting sector was defined as an ICT. Subsequently, they introduced a new sector called "Content and Media" and put broadcasting in that sector. Their work is available at: http://www.oecd.org/dataoecd/49/17/38217340.pdf. Their definitions have also been taken up by the UN Stats (see: http://unstats.un.org/unsd/cr/registry/docs/i4informationeconomy.pdf)

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