What are OTT platforms?
Over-the-top platforms, or OTTs, are audio and video hosting and streaming services that began as content hosting platforms but quickly expanded to include the production and distribution of short films, feature films, documentaries, and web series.
The Canadian Radio-Television and Telecommunications Commission (CRTC), Canada’s telecom regulator, stated in 2011 that “the defining feature of what has been termed ‘over-the-top’ services is Internet access to programming independent of a facility or network dedicated to its delivery via cable or satellite. In India, there are various OTT platforms available.
OTTs’ censoring standards:
It’s worth noting that several OTT platforms with a strong presence in the media and entertainment industries have their self-censorship guidelines. Netflix does not have its system of censorship restrictions, but maturity ratings are presented at the start of each program. Similarly, Hotstar, Star India’s OTT network, has not established any self-censorship criteria and appears to be lenient when it comes to censoring. Game of Thrones was not prohibited because of its explicit material. A suit was filed in the Delhi High Court in 2016 saying that Hotstar broadcasts “soft pornographic” content and that, as an IPTV, it violates downlinking requirements. Hotstar adamantly maintained that it was an OTT platform, not an IPTV service. Even though the content offered on such platforms violates several laws across the country, the Supreme Court is still looking into it. A key concern is whether the platform will be governed by a self-regulatory authority or if adequate laws will be enacted that will allow a statutory authority to control and filter the information that is streamed on such platforms.
Laws Related To Censorship Of OTT Platform
The cinematographic act of 1952, along with regulations 1983 and guidelines 1991, established the method by which films are to be certified for exhibition in India by the censor board. A program or film shall not be certified for public exhibition if any scene or part of the program is against the interest of society. Institutions such as the Central Bureau of Film Certification, created under the Cinematograph Act of 1952, exercise censorship. The power to declare certain publications forfeited and issue search warrants for them is exercised through registration search section 95 of the CCP.
Government’s Stand On The Problem
The CBFC, Union Ministry of Information and Broadcasting, or the Union Ministry of Electronics, Telecom, has no control over such sites. The government sees such platforms as intermediaries over which they have no jurisdiction. Although, according to Rule 3(2)(b), (c), and (e) of the Information Technology (Intermediaries guidelines) Rules, 2011, intermediaries must exercise due diligence when showing, hosting, or publishing any obscene, pornographic, or criminal information and must not harm minors. Rule 3(3) states that the intermediary must not knowingly host or instigate the transmission of such content. Last year, Hotstar, Sony Liv, Jio, and Eros created the Digital Curated Content Complaint Council (DCCCC), an adjudicatory organization, to deal with the content provided by such platforms and avoid the imposition of government-imposed rules. However, major OTT platforms, including Netflix, Amazon Prime, Alt Balaji, Mx Player, Zee, and others, are opposed to the idea. They believe that the fine line between a broadcasting channel and an OTT platform will be blurred and that their right to free speech under Article 19(1)(a) (Freedom of Speech and Expression) will be infringed upon.
Section 69A of the IT Act, i.eThe power to issue directions for blocking public access to any information through any computer resource, gives the government the authority to remove any content that is harmful to the interest of the society. This section is known as the Internet Kill Switch.
Need for regulation?
The most recent OTT controversy involved John Oliver’s Hotstar show, in which he openly insulted Narendra Modi and CAA, and the program was then blocked on Hotstar. On Hasan Minaj’s show, which was about the Lok Sabha Elections in 2019, a similar incident occurred, which was widely criticized afterward. Sacred Games was criticized because it included some speculative lines regarding Rajeev Gandhi and discussed the Bofors scandal. Leila was chastised for propagating Hinduphobia, which offended Hindus. It was widely panned by viewers.
With each passing day and each new case brought on these grounds, the lack of laws that govern OTTs becomes more apparent. The administration is under pressure from the public and the judiciary to address this gap with regulations.
In Madhya Pradesh, a PIL was filed by an NGO, Maatr Foundation, the Madhya Pradesh High Court addressed the situation. The plea was entered in response to government restrictions prohibiting the broadcast of indecent and sexually explicit content. They said that these media content streamers broadcast unregulated, uncertified, obscene, and legally forbidden materials. The streamers will also face penalties under Sections 292-294 of the Indian Penal Code, 1860, for publicly displaying, disseminating, and presenting obscene acts, tracts, representations, and figures, among other things. Children under the age of 18 can watch the information, which exposes them to sexual actions, terrorist activities, and filthy content.
Conclusion
In the current time, there is an absolute need for an independent regulatory authority for the exhibition of film or program. A self-regulatory authority will not be able to manage Internet Content Streaming. For regulation, the body must distinguish between responsible and non-responsible content. The government and OTT platforms will collaborate to resolve this issue once and for all. The primary objective of this initiative should be obvious, whether it is to safeguard the public or to close a regulatory gap. The Intermediary Rules, 2011, must also be kept in mind, as any infringement of the Rules would result in their license being revoked.
In case of matter pertaining to Censorship Of OTT Platform In India you can contact –
Advocate Anmol Raj Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
