Convergence in media and entertainment industries

The dawn of the 21st century marked the end of Gutenberg era and a sea change in the field of technology, entertainment and media as a new platform was created through convergence. “Convergence” in respect of media and entertainment, in its simplest form, means the combination of new media and old media within a single piece of media work, bringing together different media products and technology.

In other words, convergence means the coalescence and merging of traditionally separated technologies and forms of communication into one, as far as possible.

Some examples

This can be illustrated by the following example: Mobile phones were devised only to make and receive calls and send instant text messages. However, with the evolution of technology, mobile phones now perform several other functions, doubling as cameras, video recorders, radios and mp3 players, and providing access to games and the internet.

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This is a result of the convergence of many technologies, which allows one media product to perform many different tasks. A similar example is that of a television which, in addition to its traditional use for watching programmes or movies, is now used to play games through Xbox, PlayStation, etc.

Convergence has been most apparent in the environment of digital communications, with the merging of the television, computer and telecommunications industries. This has taken place to cater to consumer demand for access to content any time and anywhere.

The changing times have brought trans-media exploitation of branded properties including Star Wars, Pokémon and Harry Potter from Hollywood, Tare Zameen Par and Ra-One from Bollywood, and many others. To expand their potential audience and market, such brands have associated other forms of media with their original product.

The level of uncertainty has increased as a result of the drift in technology and the rise of new media markets. Moving to convergent media may prove to be expensive, unpredictable and uncertain in the beginning, but it will open many possibilities and lead to more personalized content, tailored to users’ needs and wants.

Scenario in India

The birth of the 21st century had a magical effect on India. The country entered into a new digital era in which three vital ingredients – communication, information and entertainment – would be the prime drivers of the economy.

In 2000, the government of India introduced a proposed Communication Convergence Bill (known as the Convergence Bill), with the objective of establishing a converged regulatory framework to promote and develop the communications sector (including broadcasting, telecommunications and multimedia) in an environment of increasing convergence of technologies, services and service providers.

The regulatory framework aims to keep pace with the convergence of telecom, internet and broadcasting services, which is taking place all over the world. The Communication Bill is expected to repeal legislation such as the Indian Telegraph Act, 1885; the Indian Wireless Telegraphy Act, 1933; the Cable Television Networks (Regulation) Act, 1995; and the Telecom Regulatory Authority of India Act, 1997.

Bill’s objectives

The main objectives of the Convergence Bill are:

(a) To facilitate the development of a national communications infrastructure, in order to provide a wide choice of services to consumers;

(b) To establish a regulatory framework that addresses the convergence of technologies, and defines the powers and roles of a single regulatory and licensing authority for broadcasting, telecommunications and multimedia;

(c) To establish a basis for codes and standards for broadcasting content.

The bill proposes to achieve these objectives by establishing a new regulatory body, to be known as the Communications Commission of India. The commission would replace the Telecom Regulatory Authority of India, and would become the sole regulator of the broadcasting, telecommunications and multimedia sectors.

Conclusion

Convergence in the media and entertainment sector is at a nascent stage in India. Technological changes at every level are required to make it a reality. The Convergence Bill is a significant step towards the development of future-oriented vision with regard to India’s information technology, broadcast, communications and entertainment industries.

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Naik Naik & Co, founded by Ameet Naik, is a full-service law firm with specific focus on entertainment, real estate, retail and technology. It has three offices in Mumbai and two in New Delhi. Madhu Gadodia (madhuchaudhary@nnico.com) is a partner at the firm.