External Agency To Review Content Before Streaming On OTT Platforms? Government Proposes, Industry Objects

Amid rising public anger against sexually explicit, morally questionable and offensive content on audio-video services, the Indian government has asked the OTT platforms to have their content independently reviewed for violence and obscenity before it’s put online, Reuters has exclusively reported.

The report says that the Information and Broadcasting Ministry made the proposal to representatives of the industry at a meeting on 20 June. The proposal was made on behalf of Members of Parliament, citizen groups and the public. The government talked of a ‘code of ethics’ and asked the international content to be included in the proposed review.

Industry representatives objected to the proposal, but the government asked them to consider it, says the report.

𝘚𝘸𝘢𝘳𝘢𝘫𝘺𝘢 has been reporting on public and government objection to the content on OTT platforms for some time now.

Over the past several months, there have been public demonstrations against it, where participants rallied holding placards that read, ‘censor OTT platforms’, ‘stop poisoning young minds’ and ‘Filmon mein gandagi band karo’ (stop obscenity in films), among others; the information and broadcasting minister has made repeated statements saying OTT platforms have freedom for creativity and not obscenity; and a government official has proposed a code of ethics, and petitions filed in the court over police cases against content producers.

In April, the Delhi High Court asked the government of India’s response on steps it has taken to regulate OTT content. The court called the issue of enactment of guidelines or laws for OTT content one of “urgent attention”.

India witnessed the emergence of OTT platforms around 2013, when DittoTV, an aggregator platform owned by Zee, made its debut in the market, showcasing content from various media channels like Sony, Viacom, and Zee. SonyLiv also entered the scene during the same period. Notably, BigFlix by Reliance Entertainment had introduced India's first OTT platform in 2008, which underwent a relaunch in 2017. 

Among the current popular platforms, Disney+ Hotstar arrived in India in 2015, followed by Amazon Prime and Netflix in 2016. As of now, there are at least 40 OTT platforms operating in the country. ALTBalaji, owned by Ekta Kapoor, has recently faced criticism for its perceived "vulgar" content. It's worth noting that Kapoor received the Padma Shri, the fourth highest civilian award in India, in 2021.

In the same year, a web series called "Bombay Begums," featuring Bollywood actor Pooja Bhatt, faced scrutiny from the National Commission for Protection of Child Rights (NCPCR). The commission advised that Netflix halt the series' streaming after Twitter account @GemsofBollywood brought attention to a clip from the show depicting a minor engaged in drug use and sexual activities. 

Following a series of hearings, the commission instructed the Mumbai police to file a First Information Report (FIR) against the creators of the web series. However, Priyank Kanoongo, the chairman of the commission, informed 𝘚𝘸𝘢𝘳𝘢𝘫𝘺𝘢 that the police have not yet taken action.

Calls for a regulatory body overseeing OTT content have grown louder among the general public. Currently, the Central Board of Film Certification (CBFC) regulates the public exhibition of films in India according to the guidelines outlined in the Cinematograph Act of 1952. However, the CBFC has faced accusations of allowing problematic films to be screened in violation of the guidelines.

Television channels, on the other hand, fall under the purview of the Cable Television Networks Regulation Act of 1995. Notably, there is presently no regulatory authority specifically dedicated to OTT content. Two years ago, the Indian government introduced draft rules for the regulation of OTT platforms called the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. The draft is currently open to public feedback and input.

In November, Anurag Thakur, the Union Minister of Information and Broadcasting, expressed the government's intention to introduce legislation aimed at regulating digital media and OTT platforms.

Amidst this, journalist and author Uday Mahurkar, presently serving as an Information Commissioner in the Central Information Commission, has embarked on a personal mission to establish an "ethics code" for all audio-visual content, including that found on OTT platforms, social media, and in films.

Apart from concerns regarding sexual or perverted content, the excessive use of expletives and offensive language in OTT shows has also garnered public, lawmaker, and even judicial scrutiny.

In March, the Delhi High Court remarked that the language used in a web series titled "College Romance," available on the OTT platform The Viral Fever (TVF), was obscene and profane. 

Justice Swarana Kanta Sharma, presiding over the case, stated, "This court notes that this is not the language that the nation's youth or citizens of this country use, and this language cannot be considered the frequently spoken language in our country".

The high court was hearing a plea filed by TVF, the show's director Simarpreet Singh, and actor Apoorva Arora against a lower court's order directing the registration of an FIR against them under Sections 292 and 294 of the Indian Penal Code (which pertain to obscenity) and Sections 67 and 67A of the IT Act (which relate to sexually explicit content disseminated in electronic form). The high court upheld the lower court's order.

This heightened criticism of OTT content coincides with the widespread public disapproval of Bollywood, India's largest entertainment industry. Bollywood has faced accusations of promoting an anti-Hindu and pro-Islamist agenda, as well as glorifying rape, objectifying women, and endorsing alcohol consumption.