OTT Platforms Now in Government Control in India

In the wake of Covid-19, when almost all the entertainment sources were confined under the regulations of lockdown, TV cable shows were restricted to shoot, but OTT platforms played a major role in curbing the boredom and bring up quality content for the public. Now, the question arises, what is OTT and how are they impacting our lives?

OTT stands for Over the Top. It means, streaming video not traditional cable shows, but actually through the internet devices such as your laptop, your phone, your Xbox and other internet-connected devices. 

So rather than streaming videos through traditional cable, you are streaming them through the internet. OTT platforms have now become a major source of entertainment because of the variety of content that it provides.

India individually enjoys the service of about 40 OTT platforms. Moreover OTT market in India was worth ₹2,150 crores (₹21.5 billion, US$303 million as of 2018), and its value grew to ₹35 billion in 2019, but in the wake of Covid-19, the worth of OTT is on its top.

Intermediaries and Digital Media Rules 2021

At the beginning of this new decade, the Government of India came up with its new set of rules. On 25 February 2021, the new Intermediaries and Digital Media Rules came into effect. 

The Rules are set to regulate entities that are transmitting content through digital media and also applies to intermediaries and publishers, operating in India, as well as overseas entities or platforms, that target Indian users.

Now, this new set of rules has brought up turbulence in several digital platforms from social media to news platforms to OTT platforms. These new set of rules are brought up because there was an excess spread of various fake news, personal and other defamatory content on social media, and there was a dire need to regulate these.

Compliances for OTT Platforms

To regulate the OTT platforms a set of rules were introduced, under which they aimed to make the platform less controversial and consumer-friendly. Presently OTT platforms are one of the major sources of entertainment, and with their platform, they try to present the bitter truth of society. 

The Rules have introduced a Code of Ethics for the publishers of over-the-top platforms, which lays down general principles and metrics for content classification and guidelines for the classification of content.

As per the code, OTT platforms are prescribed to do age ratings and content descriptors and technology-enabled access controls. Moreover, OTT Platforms have to also comply with applicable law and has to be aware of its content about– 
(1) Sovereignty and integrity of India 
(2) Threatening, endangering or jeopardizing the security of the State
(3) Detrimental to India's friendly relations with foreign countries
(4) Content this is likely to incite violence or disturb the maintenance of public order, and further, take into consideration India’s multi-racial and religious context. 

If the OTT platform fails to comply with any of these rules then it can be sued in the courts.

Grievance redressal mechanism

The new laws have also asked the OTT platforms to form a proper mechanism for the redressal of grievance. For redressal, OTT platforms are asked to form a 3 level system.

At the first tier, OTT platforms have to appoint a grievance officer who will be based in India. The grievance officer is required to make decisions on every grievance registered, within 15 days. A second tier is of self-regulatory bodies comprised of industry experts and headed by a retired Supreme Court, or High Court judge, or other eminent personality in a relevant field.

The self-regulatory body is required to address grievances not resolved under the first level within 15 days and act as an appellate body against decisions made by the OTT Platform. At the third level, OTT platforms have to set up an inter-departmental committee constituted by the Government. This committee has to take the action against all the acts which are against the code.

At this level, the Ministry of Information and Broadcasting appoints an "Authorized Officer" authorized to issue directions for blocking access to any information/ content and submit recommendations of the Committee to MIB, in respect of blocking of any content. 

Moreover, OTT Platforms are required to classify all content such as films, web series or other shows based on age, themes, content, tone and impact, and target audience.

Impact on OTT

The government of India came up with its new set of rules which is going to be completely indulged in the working of OTT platforms. The government wants to regulate the content of OTT platforms. Major OTT platforms have also decided to censor the content on their own.

This regulation of OTT platforms will not only lead to manipulation of content but will also make our OTT platforms devoid of the ‘Right of Speech’. The new sets of rules that have been enacted, to control the controversial content, can impose restrictions on the flow of speech which is totally against democracy.

Written by - Ashwin Kalra
Edited by - Piyush Pandey