Amendment to the National Broadcasting Rules 2052 (1995 AD)

March 23, 2022


Introduction

On March 3, 2022, the Government of Nepal ("GON"), exercising its powers under Section 21 of the National Broadcasting Act, 2049 (1993 AD) amended the National Broadcasting Rules 2052 (1995 AD) ("NBR") through National Broadcasting (Eleventh Amendment) Rules, 2078 (2022 AD) ("Amendment"). The Amendment came into force immediately.

The GON, through the Amendment, aims to regulate the broadcast of Over-the-Top ("OTT"), Video-on-Demand ("VOD") and Online Television ("TV") platforms in Nepal. The Ministry of Information and Communications, Government of Nepal ("Ministry") is the authorized regulatory agency for this matter.

Key provisions introduced by the Amendment are summarized below:

Definitions

The key definitions of the Amendment include:

Requirements for Licensed OTT Operators

Added Conditions for Licensed Broadcasters

Headend Sharing

The Amendment prohibits headend sharing. Headend sharing is permitted for a period of maximum six months upon notification to the Ministry in exceptional circumstance when service providers are unable to provide their service due to natural or man-made disasters.

Technical Audit

The Amendment requires licensed operators to provide monthly details and Annual Technical Audit Report of Conditional Access System ("CAS")/ Multimedia Messaging Service ("MMS") to the Ministry.

Publication of User Agreement

OTT operators are mandated to publish User Agreement to use or access, their rules, privacy policy, and identification of broadcasters' computer source.

Approval requirements

Grievance Redressal

Maintenance of Records

Classification of Programs

OTT operators are mandated to include key classification according to the age of consumers:

Fees

Particulars

Fee (NPR)

Application fee for obtaining approval for foreign programs or franchise

1,000

License fee for obtaining approval for foreign programs or franchise

100,000

License fee for OTT Operation

10,000,000

License fee VOD Operation

200,000

 

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