Regulation of Explicit Content on OTT Platforms

Syllabus: GS2/Social Issues; Government Policies and Interventions

Context

• Recently, the Supreme Court of India has taken a significant step by issuing notices to the Central Government and other stakeholders regarding a plea to regulate sexually explicit content on Over-the-Top (OTT) platforms and social media.

Rapid Growth of OTT Platforms in India

• The rapid growth of Over-the-Top (OTT) platforms in India has revolutionized entertainment, offering diverse content to millions of viewers.
• With increasing internet penetration, affordable data, and a shift in consumer preferences, OTT platforms have emerged as a dominant force in digital media consumption.

Current Regulatory Framework

• IT Rules, 2021: OTT platforms are governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  • These rules mandate content classification, parental controls, and a three-tier grievance redressal mechanism.
• Content Classification: Content is categorized based on age suitability, such as U (Universal), U/A 7+, U/A 13+, and A (Adult).
  • Platforms must display content ratings and provide parental locks for adult content.
• Grievance Redressal: A three-tier mechanism includes self-regulation by platforms, an industry-level body, and oversight by the Ministry of Information and Broadcasting (I&B).
  • Platforms like Netflix and Amazon Prime follow self-regulatory frameworks such as the Digital Publishers Content Grievances Council (DPCGC).
• Over-the-Top Platforms Regulatory Authority Bill, 2021: It proposed to establish an Over-the -Top (OTT) Platforms Regulatory Authority to ensure complete ban on showing violent, abusive and vulgar web series, films or such other similar content on OTT Platforms in the country and for matters connected therewith.
  • However, it lapsed with the dissolution of the 17th Lok Sabha.
• Cinematograph Act, 1952 (Amendments for OTT Platforms): The proposed amendments to the Cinematograph Act, 1952 seek to bring OTT platforms under the same regulatory framework as theatrical films, subjecting digital content to age-based certification and censorship norms to ensure parity and accountability across media formats.

Supreme Court’s Intervention & Observation

• A Supreme Court’s Bench acknowledged the seriousness of the issue but emphasized that Regulation of OTT Platforms in India falls within the domain of the Executive and Legislature.
• In Apoorva Arora v. Govt. of NCT of Delhi (2024) Case, Court emphasized the need for objective criteria to determine obscenity, focusing on whether content arouses sexual or lustful thoughts rather than the perceived decency of language.
  • However, subjective interpretation remains a challenge.

Challenges in Regulation

• Balancing Freedom and Responsibility: OTT platforms operate on the principle of creative freedom, making outright censorship a contentious issue.
  • Striking a balance between freedom of expression and responsible content governance is a key challenge.
• Global Platforms, Local Norms: Many OTT platforms are global entities, complicating the enforcement of India-specific regulations.
• Large Scale Content: The sheer volume of content uploaded daily makes monitoring and regulation a daunting task.

Proposed Measures

• Stricter Guidelines: The government may introduce stricter content guidelines, focusing on explicit material and its accessibility.
• Enhanced Oversight: Strengthening the role of the Ministry of I&B in monitoring content and ensuring compliance with ethical standards.
• National Content Control Authority (NCCA): Need for establishment of NCCA to regulate objectionable material and prevent its unrestricted spread.
• Public Awareness: Educating viewers about content ratings and parental controls to promote responsible consumption.

Source: IE