Foreign direct investment in the e-commerce industry has been a hot topic for the last few years. Recently, there were some news reports on whether over-the-top (OTT) content platforms be covered by the restrictions under the FDI policy (policy). It is rather surprising how the news reports misinterpreted the relevant provisions. Unfortunately, the e-commerce-related provisions in the policy are far from perfect, both in terms of approach and drafting.
In this article, we have discussed why OTT content platforms are not covered by the restrictions, and in general, why the services sector ought not to have been covered under the e-commerce-related