Over the top (OTT) platform is also a kind of media service that is offered to the public directly via the internet. This OTT platform is providing the same service that cable, satellite, etc. was providing for a long time.
In recent times there is a large number of OTT platforms came into existence such as Netflix, Amazon Prime, Voot, Zee5, Disney + Hotstar, etc. We have BCCC, CBFC, etc to regulate the contents being streamed on television but we don’t have any such body to regulate the contents being streamed on the OTT platform. Hence, the OTT platform enjoys its freedom.
There are various contents available on this platform which violates various law of India. This issue is still under the observation of the apex court of India. Whether to regulate the contents being streamed on this platform through proper legislation like television or to let it free and be them the self-regulatory body is an important issue right now.
The step was taken by Government on this issue
Initially, the OTT platform comes under ‘Ministry of Electronics and Information Technology (MeitY)’ but with a notification issued on 11th November 2020 central government stated that online news portals and Over the Top (OTT) platforms will come under ‘Information & Broadcasting (I&B) ministry’. This move of central government brought stir in these fields as they fear of censorship. In 2019 ‘The Internet and Mobile Association of India (IAMAI)’ proposed the Universal Self-Regulation Code and in September 2020 introduced a revised version of this proposal but Information & Broadcasting (I&B) ministry rejected this proposed code citing that it is not clear and hence brought the new notification in November.
An NGO ‘Justice for Rights’ in 2016 filed a petition [W.P. (C) 11164/2018] before the high court of Delhi alleging that Hot star displayed unethical and religiously inadequate content, soft pornography, children engaged in criminal activities, objectifying women, and promoted terrorism somewhere which is disrespect to the country. In the petition, they urged to regulate and censor these platforms and asked to remove legally restricted and vulgar contents available on the platform. However, the petition of the NGO was dismissed and now it is currently pending in Supreme Court [SLP (C) 10937/2018].
In 2019 some OTT platforms such as Jio, Hotstar, Eros, Sonyliv, etc. formed an adjudicating body ‘Digital Curated Content Complaint Council (DCCCC)’ to deal with the contents provided on the OTT platform and to avoid the rules imposed by the government. But many other OTT platforms did not support this move as they feel that it is almost similar to Broadcast Content Complaints Council (BCCC), which is a self-regulatory body for non-news entertainment channels. According to them, it will mitigate a thin line difference between the broadcasting channel and OTT platform, and hence it will be a violation of their Right to Free Speech under Article 19(1)(a) (Freedom of Speech and Expression).
However, the government has the power to put a reasonable restriction on such OTT platforms under Article 19(2) of the Constitution, which provides for reasonable restriction on Freedom of Speech and Expression in the interests of sovereignty and integrity of India, the security of State, public order, decency or morality, etc. Also Section 69A of IT Act i.e., Power to issue directions for blocking for public access of any information through any computer resource, the government has the power to remove or restrict any content which is objectionable and that will harm the interest of India’s sovereignty.
Why such move?
In recent times we can see so much hue and cry about many shows streaming on OTT platform such as ‘Tandav’ which is streaming on Amazon Prime Video. Also, there are various such shows which in some way or other promote hatred among a certain group of society. Some people criticized Netflix drama ‘Sacred Games’ for mentioning speculative lines on Rajeev Gandhi. Some shows are available online which promotes anti-social activities, spread hatred, and displays explicit content which is not acceptable to most of the viewers. That’s why many people are asking for the censorship of the OTT platform.
Conclusion
Recently OTT platforms are gaining viewers at a rapid rate. They are in a position to affect the thoughts and opinions of their viewers so keeping in mind these things the OTT platform should act accordingly. It should not be controlled by a self-regulatory body. To solve this issue for once and all, both the OTT platform and government should work together on this issue and should try to find a mid-path as total censorship will transform it into a television channel only.
About the author –
This blog is authored by Shalini Bhatt, second year law student at Chanakya National Law University, Patna.
