Article

OTT Platform – Need for Self-Regulation

Should these internet streaming services enjoy unlimited freedom over the content they curate or steer a centre course and work under set rules? Do the OTT platforms really need to be regulated or restricted or will these rules/guidelines smoothen the edge of creativity?

AUTHOR : Samriddhi Bammidi (MNLU Aurangabad) and Rupsee Nerlikar (MNLU Aurangabad)

Abstract

With the OTT trend toppling with mass popularity, debates on its dubious and profane content have sparked questions on its regulation and censorship. 

Should these internet streaming services enjoy unlimited freedom over the content they curate or steer a centre course and work under set rules? Do the OTT platforms really need to be regulated or restricted or will these rules/guidelines smoothen the edge of creativity? The demand of trendy content with an output of meme material and the urge to mirror flashy reality with a tint of politics in depiction, OTT platforms are attracting millions of audiences through their story-line, graphics, characters and what not. This article explains every aspect of OTT platform and its criticism while maintaining a thin line between our opinion and the regulations formed by the government.

What exactly do we mean by OTT platforms?

An OTT is the streaming service offered to the viewers directly by the internet service providers. However, OTT stages, be that as it may, are not restricted to simply real time features. The term alludes to each one of those communication services which utilize the web, for example, voice calling, texting and applications which take into consideration real time of video utilizing the web. These services are not under the immediate control of the government (the scenario has although taken a paradigm shift now) or the media communications organizations and consequently run “over the top” of the conventional networks which are regulated by a particular law like cable network, satellite network and telephone network[1].

It is very clear that motion pictures and TV are falling prey to the ever-increasing popularity of OTT services- the new generation’s cool. With top celebrities like Radhika Apte, Vicky Kaushal, Rajkumar Rao and others joining the trend, the medium is getting an immense lift, where everybody wishes to explore this new universe of content and creation. Regardless of having a reasonable and practically impermeable limit between the movies and TV (as far as substance, entertainers and crowd), these OTT stages have become everyone’s favourite. It has additionally opened up limitless opportunities for producers to enter and explore new arenas. They have started exploring different avenues regarding distinctive show organizations, reach and obviously, content. 

With content being the reason for the entire digital streaming services, it is especially fascinating to see how content and the entire content industry will be influenced under the shade of self-control.

Why the hype?

Without a doubt, OTT shows convey particular thoughts that have been absent from the traditional press stages. Script writers and content makers have emerged with some of the most innovative and jaw dropping shows when not shrouded under the label of censorship. Discussing a few of the most striking OTT shows like Sacred Games, Inside Edge, Made In Heaven, Mirzapur, Four More Shots Please! ,Karenjit Kaur: The Untold Story, and so forth, the aspects of social, political, strict and sexual hindrances have been shed. 

This empowers the crowd to go up to this space since they wish to explore more current content and concepts. They are presented to unmistakable substance pieces that usually go under the domains of ‘improper substance’ and are vulnerable to censorship. 

Talking on similar lines, Ali Hussein, COO, Eros Digital remarks, 

“The beauty of the digital medium and the on-demand nature of the OTT service is that ability to “pull” content as per one’s individual choice and discretion. This gives the ability to both creators, performers and various contributors to reach a much larger audience. We have also seen the OTT platform enables creators to expand their genres and experiment with storytelling as well as techniques which are restricted in the traditional media”[2].

Be that as it may, this doesn’t really work out in a good way for all. Inquiries on the suitability of content have been raised, clearing a path for the presentation of self-regulation.

So, what’s the issue now?

While there is a system to address the complaints including that of print and cable media, there is no such stage accessible for digital media. There are currently no less than 40 OTT platforms and many news content sites in India with an expected market size of Rs 4,000-crore by 2025. During the pandemic-instigated lockdown, the streaming channels enrolled in a 60-80% spike in the supporter base[3].

Unlike other common media outlets, the OTT is a novel field, which shares the highlights of a middle person without being one. The streaming channels meet all requirements to be intermediaries under 2 (1) of the IT Act, 2000, if they are managing the third-party information. In any case, they additionally have their own content[4]. The intermediaries are not really considered responsible for the content distributed on the platforms, and are for the most part subject to the principles set by the actual platforms themselves. There is a requirement for outlining rules and organizing a reasonable grievance redressal framework, if the area needs to ensure minimalistic government intervention. 

The heated discussion concerning over-the-top (OTT) stages spins around an unbending parallel inquiry of whether there ought to be regulatory guidelines or accreditation. This discussion needs to turn out to be more nuanced to reflect more extensive realities of the new and developing industry which has so far stayed outside the ambit of any restriction. There is a developing interest for regulation considering the protests over realistic savagery and profanity on the streaming stages. While there is a solid case for standardization of an area that has seen dramatic development as of late, the government imposed regulation. An even minded and adjusted approach is required to screen the content. In an ideal world, it is preferable to permit the area to manage itself and follow a self-announced code of morals. In this tech-industry, the work of any government regulator is to guarantee a level battleground and not to hinder the development and smother creativity by forcing limitations. 

The OTT players should concur for an autonomous body to take up grievances about their content. A feasible self-regulation model is the way to safeguard creative liberty[5].

A walk through the timeline:

1. Earlier there were no laws to govern online content due to lack of exposure in terms of Indian audience. The Information and Technology Act 2000 was the only legal framework to look after the digital disputes.

2. As, the surface of streaming online content received spotlight due to various creative aspects in terms of entertainment so the need for regulations over the content was first brought up on 5^th February 2020 by IMAI (Internet and Mobile Association of India) which introduced self-regulatory codes also called “Tier 2 Code”. However, only 5 signatories out of 30 called for the codes of the digital committee. Popular platforms such as Netflix, Hotstar, Alt Balaji and Zee5 preferred for a recall[6].

3. On 3^rd March 2020, the Minister of Information and Broadcasting Mr. Prakash Javdekar gave 100 days to change the policies of OTT platforms in such a way that they abide by the rules issued by the Digital Content Complaint Council (DCCC)set up in February 2020. The rules contain some form of censorship on the content aired by such platforms[7].

4. On 22^nd June 2020, Bihar CM Mr. Nitish Kumar wrote to the PM demanding censorship over the content aired on the OTT platforms in regard of violence, rape scenes and other crime associated depiction, he also requested to bring analysis of such content under the Cinematography Act, 1962[8].

5. In July 2020, Mr. Amit Khare mentioned the need of “OTT platforms to fall under the umbrella of the Information and Broadcasting Ministry. It is also true that there were certain rules and regulations on the part of the top 15 OTT platforms which were subsequently rejected by the Ministry of Information and Broadcasting[9].

6. In August 2020, the IMAI brought under notice of the Ministry about the fresh self-regulatory mechanism that had been developed for the OTT platforms. On examination it was observed that the mechanism proposed by IMAI fails to provide adequate cognizance to content prohibited under law and there were conflicts of interest which were eventually communicated in September 2020[10]. The guidelines provided by the IMAI were also called the ‘Tool-kit’.

7. In October 2020, the Apex court issued a notice to the center in a PIL where petitioners demanded a set-up of an autonomous regulatory system for online streaming content. As far as from various case laws, the courts have held that the online content would not fall under the umbrella of Cinematography Act, 1952 and have dismissed petitions regarding the same. In track of, the OTT platforms eventually started to adopt self-regulation codes. Big OTT platforms such as Netflix and Hotstar along with few others had signed self-regulatory code of best practices under the shed of IMAI. Keeping the objective of ensuring the interests of the consumer and conducting themselves in a responsible manner[11].  

8. However, keeping in mind the COVID-19 era there was drastic change in number of consumers towards OTT platforms eventually consuming variety of content and unlimited streaming which concluded on November 09 2020, issuing a notification by the Central Government to bring digital/online media platforms under the ambit of Ministry of Information and Broadcasting[12].

9. On February 25 2021, The Ministry of Information and Broadcasting introduced “The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules 2021. Publishers of news on digital media shall be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act—which are the same rules that regulate the print and TV industry. It provides OTT platforms to set up a 2-tier grievance redressal mechanism.

9.1) Rules formed by the OTT platform itself through a grievance officer. The officer will act upon a complaint within 15 days after receiving the complaint.

9.2) An institutional self-regulatory body formed by publishers of content and their association. The body will comprise industry experts headed by a Supreme Court/High court Judge or an eminent personality in relevant fields. 

9.3) An inter-department committee constituted by MIB that will provide an oversight and hear appeals for decisions taken at level 2 or if a complaint is referred to the interdepartmental committee by MIB[13].

10. Rules have also been laid for classification of content based on viewers age, themes, content, tone, impact and target audience. The emphasis has been drawn for the OTT platforms to give due consideration to sovereignty, security, friendly relations of India with states, depiction of religious sentiments etc.

11. The rating criteria has been divided into 5 broad categories:

11.1) U (suitable for all age groups)

11.2) U/A7+ (suitable for 7 years and above)

11.3) U/A13+ (suitable for 13 years and above, providing parental locks)

11.4) U/A16+ (suitable for 16 years and above)

11.5) ‘A’ (restricted to adults, providing age verification mechanism)[14]

OTT- Over the Trend ?

After skimming through the timeline as far as possible, this leaves with a question: is the formation of guidelines merely a welfare motive of the government towards citizens or a political move to secure the creativity depiction of reality restriction over regulation? 

To begin with an example, on March 8 the very controversial documentary of the Nirbhaya case was supposed to be released on NDTV 24×7 at 9 pm. It was filmed by the British filmmaker Leslee Udwin titled India’s Daughter. It featured the conversation with convict Mukesh Singh. The remarks about women in society made by him were shocking and disturbing but it clearly brought up the brutal mindset of people living in our countries. It was certainly a harsh reality to face and more difficult to accept the lacking protective measures for women from this cruel mindset. This documentary was eventually banned by AIR due to high uproar in both houses of the parliament[15]. If, in future , a certain OTT platform decides to produce and direct a movie or documentary regarding the historical farmer’s protest and their troubles will the government ban it from airing just because it depicts harsh realities and can disturb the generations’ minds and peace in communities?

This example reverses a point, will the current regulation and control of MIB can hinder the main aspect of OTT platforms which is, the story of reality, these platforms can openly narrate the unseen and untouched authenticity of lives. The realism which a film cannot bring up to the screen can be reached in various households. For example, a Netflix original film Bulbul aired in 2019 depicted women with vulnerable as well as robust lead.

On the other hand, almost 57% of people support the partial censorship for online streaming. The opinions mostly sustain that due to offensive content, abusive language and scenes it is necessary to formulate rules[16]. After all, to have rules or not to have rules, it depends entirely upon the viewer what kind of content to be consumed from available unlimited alternatives. Apart from this, the piracy of movies is another factor why filmmakers take the route of OTT. An open platform gives an opportunity to present the creative side to the thoughts of the directors who on the other hand can’t afford to portray via cinema.

The author’s take on the issue:

The inquiry that emerges is whether it is truly important to control or regulate OTT stages. The appropriate response is that it gets essential at times. Nonetheless, such guidelines or framework shouldn’t be mechanical in nature; A cautious and insightful arrangement that recognizes the technical contrasts between an OTT stage and the conventional media communications services, is essential. 

Self-regulation appears to be the lone path as of now, for these platforms to have the opportunity to air content without strict censorship and without yielding to government requests to boycott content which the specific government just may discover hostile. For instance, Hotstar prohibited a scene on Last Week Tonight with John Oliver wherein the host of the show condemned the Indian Prime Minister and government’s position on the presentation of the Citizenship Amendment Act. Another example comes from the Saudi Arabia’s expulsion of Hasan Minhaj’s scene of his show ‘Patriot Act’, in which he vigorously reprimanded Saudi Arabia’s Crown Prince Mohammed Bin Salman[17].

However, while restricting oneself is quite possibly the most difficult tasks of all, on the off chance that one can’t manage one’s own behaviour, there would be no option except for the public authority and the courts to step in and outline regulatory guidelines and force limitations on the wide opportunities of such stages.

BIBLIOGRAPHY

1. Sergei Klebnikov, Streaming Wars Continue: Here’s How Much Netflix, Amazon, Disney+ And Their Rivals Are Spending On New Content, (May 22, 2020, 02:04 PM), https://www.forbes.com/sites/sergeiklebnikov/2020/05/22/
2. Soumya Sehgal, Self-regulation by OTT Platforms- A Move Forward or Backward?, Agency Reporter, (May 1, 2019), https://www.agencyreporter.com/self-regulation-by-ott-platforms/
3.  Velocity MR Study, Financial Express (May 20, 2020), https://www.financialexpress.com/brandwagon/
4.  Information Technology Act 2000, Act No. 21 of 2000
5.  Let OTT platforms self-regulate, Telangana Today, Feb 23, 2021
6.  Ayush Verma, Yet another call to regulate OTT platform- The case of Amazon’s Paatal Lok, Ipleaders (June 26, 2020), Yet Another Call to Regulate OTT Platforms – The Case of Amazon’s Paatal Lok – iPleaders
7. Ibid
8. Ibid
9.  Balakumar K, Indian news websites, OTT platform now under I and B purview- Will it lead to censorship?, Techradar (November 11, 2020), Indian news websites, OTT platforms now under I&B purview-Will it lead to censorship? | TechRadar
10.  Shobhana K Nair, Regulatory Code for OTT Content Soon, The Hindu (February 5, 2021), Regulatory code for OTT content soon – The Hindu
11.  Ashima Obhan and Bambi Bhalla, India: OTT Platforms Brought Under Government Regulation, Mondaq (November 19,2020), OTT Platforms Brought Under Government Regulation – Media, Telecoms, IT, Entertainment – India (mondaq.com)
12. Ibid
13.  Ashish Aryan and Pranav Mukul, Govt frames new rules to hold social media, OTT accountable for content, The Indian Express (February 27,2021), https://indianexpress.com/article/technology/tech-news-technology/govt-frames-new-rules-to-hold-social-media-ott-accountable-for-content-7205063/
14.  Ministry of Electronics and IT, https://pib.gov.in/PressReleasePage.aspx?PRID=1700749 (February 25,2021)
15.  Nirbhaya Documentary banned after massive uproar in the house, India Today (March 4,2015), https://www.indiatoday.in/india/north/story/nirbhaya
16.  Nagoriastha, Censorship of OTT platforms: A boon or bane, Legal service India, http://www.legalserviceindia.com 
17.  Prateek Waghare, Hotstar blocked John Oliver show even before Modi govt could ask. It’s a dangerous new trend, The Print, Feb 27, 2020

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