The Indian Government has recently made headlines by bringing Over The Top (OTT) platforms such as Netflix, Amazon Prime, and others under the supervision of the Ministry of Information and Broadcasting.
The Background
Before this move, the government had urged these platforms to develop a self-regulatory body. Back in January 2019, eight video streaming services agreed to a self-regulatory code. This code outlined various principles for content, which included prohibiting the deliberate disrespect of the national emblem or flag, promoting child pornography, intending malicious outrage of religious sentiments, encouraging terrorism, or showing content banned by law or court.
However, the government was unhappy with this model suggested by bodies such as the Internet and Mobile Association of India (IAMAI), and Digital Curated Content Complaints Council (DCCC). Established under the Societies Registration Act, 1860, IAMAI aims to expand and enhance online and mobile value-added service sectors. On the other hand, DCCC was created by Online Curated Content Providers (OCCP) in February 2020 to help consumers make informed choices on viewing OTT platform content and provide redressal for their complaints.
The government’s critical view of these bodies was due to their lack of independent third-party monitoring, inadequate code of ethics, and unclear guidelines for prohibited content.
Current Governance over Digital Media
The recent order brings “Digital/Online Media”, including online films, audio-visual programs, news, and current affairs content under governmental scrutiny. This move allows the government to have control over these previously unregulated platforms because no law or autonomous body regulated digital content. While online content providers were legally bound by the Information Technology Act 2000, unlike print and broadcast media, they didn’t fall directly under any Ministry. However, details regarding how the government will regulate these platforms are currently undisclosed.
Reasons for the Regulatory Order
The public’s concerns about unregulated content and demands for its regulation have been a significant driving force behind this order. In October 2020, the Supreme Court even issued notice to the Centre and IAMAI on a petition to regulate OTT platforms. The Ministry already regulates news and entertainment content on TV and radio through statutory bodies, hence adding digital content to this list seemed like a significant step. Considering the growth of digital media and shift towards digital viewership, there is an increasing need for a framework to oversee online news and content, similar to traditional media platforms.
Regulations and Regulatory Bodies for Other Platforms
Various regulations are already in place for other media platforms. The Cable Television Network (Regulation) Act, 1995 penalises television channels for violating programming and advertising norms. Complaints can be directly sent to the Ministry or raised via the Electronic Media Monitoring Centre’s internal mechanism.
Several sectors and regulatory bodies oversee different types of media. These include the Press Council of India for print media, News Broadcasting Standards Authority and Electronic Media Monitoring Centre for television news, Broadcasting Content Complaints Council for television entertainment, Central Board of Film Certification for films, and Advertising Standards Council of India for advertisements.
The recent move to bring OTT platforms under governmental regulation may likely bring uniformity in the oversight of different media platforms. However, the questions regarding how this regulation will be carried out remain unanswered.
