CONTENT REGULATION IN OTT PLATFORMS
Author – Gaurika Singh, 3rd year BA LLB Student at Symbiosis Law School Pune
Best Citation – Gaurika Singh, CONTENT REGULATION IN OTT PLATFORMS, ILE Monthly Review, 1 (5) of 2023, Pg. 31-36, ISBN – 978-81-961828-8-5.
Abstract
Two years have passed since the Ministry of Information and Broadcasting (I&B) issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules which were meant for content regulation of online and OTT platforms. India’s regulatory approach can be characterised as a “light-touch” co-regulation model, in which the industry engages in self-regulation while the Ministry provides a final oversight mechanism.
The regulations incorporate provisions for a mechanism to address complaints and a set of ethical standards. It is required that access control mechanisms, such as parental locks, be implemented for content that has been classified as U/A 13+ or higher. Additionally, a dependable age verification mechanism must be established for programmes that have been classified as ‘A’ (18+).[1]
Even after two years, there is no clarity on these rules and regulations. Various High Courts have stayed the implementation the Rules because they infringe Article 19 of the Constitution. Therefore, the content on OTT Platforms continues to be unregulated. The objective of the paper is to look at ways in which the implementation of the Rules can be improved so that the artistic freedom of creators does not get curtailed. Moreover, it discusses the need for these provisions and compares them with OTT Regulation Laws in Singapore and other jurisdictions.
Keywords OTT Platform, Content Regulation, Social Media, IT Rules 2021, Code of Ethics
[1] Akansha Singh, Regulating the Unregulated: Stories of OTT Platforms in India, OBHAN & ASSOCIATES (Apr. 18, 2023, 10:34 PM), https://www.obhanandassociates.com/blog/regulating-the-unregulated-stories-of-ottplatforms-in-india/.