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Censoring of OTT Platforms in India

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54 views4 pages

Censoring of OTT Platforms in India

Uploaded by

Priyanka
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Censoring of OTT Platforms in India

~Priyanka

The rise of Over-the-Top (OTT) platforms in India has revolutionized the way content is
consumed, but it has also led to significant debates around censorship and regulation. As these
platforms proliferate, they have become a focal point for discussions about content
appropriateness, cultural sensitivity, and legal compliance.

In February 2021, the Indian government introduced self-regulation rules for OTT platforms
under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021. This framework mandates:

• Self-Regulation: OTT platforms must establish a three-tier grievance redressal


mechanism. The first level involves self-regulation by the publishers, followed by a
self-regulatory body headed by an eminent person, and finally oversight by the Ministry
of Information and Broadcasting (MIB). Platforms are required to classify content
based on viewer age groups (U, 7+, 13+, 18+) and implement parental controls.
• Grievance Redressal: Complaints must be addressed within 15 days, with further
escalation possible to higher authorities if unresolved. Despite these regulations, many
argue that they are insufficient. Critics highlight that the lack of a dedicated regulatory
body for OTT content—similar to the Central Board of Film Certification (CBFC) for
films—leads to inconsistencies in content governance.
• Code of Ethics: OTT platforms are mandated to establish a Code of Ethics that outlines
the principles and standards for content creation and distribution. This code serves as a
framework for self-regulation, ensuring that platforms operate within legal and ethical
boundaries.
• The rules prohibit the hosting or transmission of content that is obscene, offensive, or
harmful to minors. Platforms must exercise due diligence in monitoring content to
prevent violations of these standards.
• Appointment of Key Personnel: OTT platforms are required to appoint key personnel,
including:
a. A Chief Compliance Officer responsible for ensuring adherence to the IT Rules.
b. A Nodal Contact Person for coordination with law enforcement agencies
c. A Resident Grievance Officer tasked with managing user complaints and
grievances effectively.
• Platforms must comply with existing laws such as the Copyright Act, which prohibits
the transmission of copyrighted material without proper licensing. They are also
expected to uphold provisions related to data protection and privacy.

Several controversies have emerged around specific shows that have raised questions about
cultural sensitivity and legal compliance:

• IC 814, The Kandahar Hijack: This Netflix series has faced backlash for allegedly
misrepresenting historical events and using names of Hindu deities for hijackers. A PIL
has been filed seeking an autonomous regulatory body to monitor such content.

• Tandav and Sacred Games: These series faced accusations of depicting Hindu
sentiments inappropriately and were criticized for their portrayal of religious figures
and themes.

• Vulgar Language and Explicit Content: The increasing use of profanity and explicit
scenes has drawn ire from various societal groups, resulting in demands for stricter
content guidelines.

The OTT market in India has seen exponential growth, with over 50 million subscribers across
various platforms as of early 2023. This rapid expansion has outpaced traditional media
consumption methods. According to various reports, approximately 30% of content on major
OTT platforms is flagged for review due to complaints related to obscenity or cultural
insensitivity. Surveys indicate that over 60% of viewers believe that OTT platforms should
have stricter regulations to ensure culturally sensitive content while maintaining creative
freedom. In March 2024, the Ministry announced the blocking of 18 platforms for violating
sections of the IT Act and other laws related to indecent representation of women

Recent Judgments and Issues

The Indian judiciary has also weighed in on the necessity for regulation. The Supreme Court
has indicated that existing frameworks may not adequately address the unique challenges posed
by OTT platforms. Recent judgments emphasize:

• Need for Regulation: Both the Supreme Court and Delhi High Court have called for
urgent action to frame comprehensive rules governing OTT content, citing concerns
over nudity and vulgarity.
• Censorship vs. Freedom of Expression: There is ongoing debate about where to draw
the line between protecting cultural values and ensuring freedom of expression. Critics
argue that excessive censorship could stifle creativity and diverse viewpoints in
storytelling.

Heckler’s Veto: The concept of "heckler's veto" is central to many arguments against OTT
censorship. This occurs when the government curtails speech to avoid potential backlash from
vocal groups. The Intermediaries Rules, 2021, have been criticized for enabling this kind of
suppression, where content creators may be pressured to alter or remove content due to
complaints from certain groups, regardless of its legality.

Economic Implications: Censorship could deter investment in the OTT sector, which has
become a significant source of employment and creative opportunities in India. A decline in
investment might reverse progress made in this industry, affecting jobs and stifling
innovation. The potential for reduced engagement due to overly sanitized content could also
lead to a decline in viewership.

OTT platforms must secure the necessary licenses for the content they distribute, navigating
complex copyright laws to avoid infringement claims. This includes obtaining rights from
creators and producers, which can be a cumbersome process complicated by the nature of
digital distribution. Platforms may feel compelled to censor or modify content preemptively to
avoid backlash or penalties, potentially stifling creativity.

PENATLY FOR FAILURE TO COMPLY WITH IT RULES, 2021

One of the most significant penalties is the loss of protection under Section 79 of
the Information Technology Act, 2000. This section provides a safe harbor for intermediaries,
shielding them from liability for user-generated content as long as they comply with the rules.
If an OTT platform fails to adhere to the IT Rules, it becomes liable for any unlawful content
hosted on its platform, exposing it to legal action.

Without the protections afforded by Section 79, OTT platforms may be held accountable for
hosting or transmitting content that violates laws such as the Indian Penal Code or other
relevant statutes. This could lead to criminal prosecution if the published content is deemed
illegal. Non-compliance can result in hefty fines imposed by regulatory authorities. While
specific financial penalties are not explicitly detailed in the IT Rules, the potential for
significant legal liabilities can lead to substantial financial repercussions for non-compliant
platforms.

The government has the authority to impose restrictions on the operations of non-compliant
platforms, which may include blocking access to their services across India. Such actions can
severely impact their business viability and user access. Platforms may be mandated to take
down infringing content promptly upon receiving a court order or government directive. Failure
to comply with such orders can lead to further legal consequences and penalties.

Non-compliance may result in heightened scrutiny from regulatory bodies, leading to more
frequent audits and oversight, which can strain resources and operational capacities. Beyond
legal and financial penalties, non-compliance can severely damage an OTT platform's
reputation, leading to loss of user trust and potential declines in viewership and subscriptions.

References:

1. Ministry of Information and Broadcasting. (2021). Guidelines for OTT Platforms and
Digital Media. Retrieved from https://www.mib.gov.in
2. The Indian Express. (2021). “Censorship and OTT Platforms: The New Rules
Explained.” Retrieved from https://indianexpress.com
3. The Times of India. (2021). “Understanding the IT Rules 2021: Implications for OTT
Platforms.” Retrieved from https://timesofindia.indiatimes.com

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