On 9 November 2020, the Government of India issued a gazette notification signed by President Ram Nath Kovind, bringing online films and audio-visual programmes, and online news and current affairs content under the ambit of Ministry of Information and Broadcasting (I&B) headed by Prakash Javadekar. The video streaming OTT platforms were till now under the purview of the Ministry of Electronics and Information Technology (MeitY).
Government issues order bringing online films and audio-visual programmes, and online news and current affairs content under the Ministry of Information and Broadcasting. pic.twitter.com/MoJAjW8fUH
— ANI (@ANI) November 11, 2020
The notification came after a petition on which the Apex Court sought Centre's response on regulating OTT platforms by an autonomous body. In October 2020, the Supreme Court issued a notice to the Centre, Ministry of Information and Broadcasting and Internet and Mobile Association of India.
| The petition stated, "OTT/Streaming and different digital media platforms have surely given a way out for filmmakers and artists to release their content without being worried about getting clearance certificates for their films and series from the censor board." |
In October 2019, the Government of India indicated the issuance of 'negative' list of don'ts for the video streaming platforms and wanted them to come up with a self-regulatory body on the lines of the News Broadcasters Standard Authority. In wake of government's intervention, eight video streaming platforms signed a self-regulatory code for the content on their platforms. The code prohibited five types of content but the government refused to support this code.
| The prohibited content are as follows: 1- Content deliberately and maliciously disrespecting the national emblem or the national flag. 2- Content having any visual or storyline promoting child pornography. 3- Content that maliciously intends to outrage religious sentiments. 4- Content that deliberately and maliciously promotes or encourages terrorism. 5- Content that has been banned for exhibition or distribution by law or court. |
What are OTT platforms?
Over The Top (OTT) platforms are streaming services offered directly to the viewers through the Internet such as Netflix, Hotstar, Amazon Prime Video, etc. These platforms bypass cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
The OTT platforms began as content hosting platforms but now they have started production and release of short movies, feature films, documentaries and web-series.
The OTT platforms use Artificial Intelligence (AI) to suggest content to the viewers based on their past viewership on the platform. Some OTT platforms charge only for the premium content while others charge for accessing any content available on their platforms.
Are there any laws regulating OTT platforms?
Currently, there's no law or autonomous body governing content on such platforms as they are classified as digital media. They had no regulation on the type of content they offered, the subscription rates, certification for adult movies and so forth.
What does the notification mean?
With the issuance of the gazette notification, the Government of India will be able to keep a check on the content on Over The Top (OTT) platforms as well as on the news and current affairs content on online platforms. The OTT platforms might need to apply for the certification and approval of the content they wish to stream.
Presently, the Press Council of India (PCI) keeps a track on the print media, the News Broadcasters Association (NBA) monitors the news channels, the Advertising Standards Council of India (ASCI) surveils advertising, while the Central Board of Film Certification (CBFC) monitors films.
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