Who would not have heard of OTT platforms, especially during this Lock down period. These were the lifeline, when the people were at home. Needless to say that, now the Centre, Supreme Court, and the advocates would seems really more exciting in filing petitions, sending notices, and demanding for the statutory provisions for the regulation of the content being broadcasted over these OTT platforms, such as Netflix, Amazon Prime Video, among many others.
[Image Source: exchange4media]
The issue which is lying before hand is that the OTT platform that has been shifted, through a notification, under the gambit of Information and Broadcasting Ministry, falls outside the scope of the regulatory framework of the Central Board of Film Certification. In simpler terms, it means that the shows released on these platforms don't require to get certified by the Indian government.
Transfer Petition for transferring cases to SC for Regulating OTT Platforms:
Recently, many petitions were filed for the shows released on these platforms, namely Paatal Lok, Taandav, Mirzapur, among others on the ground that these web series is being offensive to specific communities and hurting their religious sentiments. Nevertheless, different High Courts dealing with these petitions have rejected, and refused to entertain the petitions on the ground that these cases doesn't fall under their purview and is the work of the legislature.
While the multiple cases are still pending before the different High Court for the regulation of OTT platforms like Netflix, Disney Hotstar, and Prime Video; Central Government, recently on 11th Feb, 2021 filed a transfer petition, for transferring of cases pending before different High Courts to the Supreme Court.
This move was taken by the Central Government, after the announcement made by the Minister of Information and Broadcasting, Prakash Javadekar, that OTT guidelines are almost ready and will be notified soon. The Centre is trying hard to control and regulate the content streamed in OTT platforms, being outside the purview of Central Board of Film Certification under the Cinematograph Act.
Bouncing Petitions against OTT platform from One Court to Another:
Justice for Rights Foundation, an NGO was the first one to file a petition in Delhi HC, on Feb 9, 2019, praying to oblige the OTT platforms to seek license and regulate as per the Central Government. On which the Delhi HC held that these streaming platforms don't require a license to operate and the Centre didn't regulate such companies saying that it was a legislative exercise. In regard to this judgment, the NGO filed for a SLP (Special Leave Petition) under Article 136 of the Indian Constitution in SC. In December 2020, another petition was filed for the transfer of cases. On February 9, 2021, Justice S Abdul Nazeer and Justice Sanjiv Khanna tagged this matter with another petition filed by Justice for Rights Foundation, seeking to regulate OTT platforms.
In between, several other petitions were filed in different High Courts established in India, namely Karnataka HC, Punjab and Haryana HC, Allahabad HC, Madhya Pradesh HC till date in order to regulate the web series, OTT platforms and impose ban on certain series as well to which the courts dismissed and rejected all the petitions saying that the court doesn't have the power to frame regulations in the nature of legislation, and even few refused to entertain the PIL in this regard.
Meanwhile, Supreme Court, issued notice on a PIL filed to ban Mirzapur 2 on the ground that it was harming the Indian Culture and showing the bad face of Mirzapur; and refused to provide interim protection from arrest to the actors and makers of the web series, Tandav, alleging that the show hurt the religious sentiments of Hindu and also.
Government & Self Regulatory Code:
The Internet and Mobile Association of India (IAMAI) released a code in January, 2019 in context with Universal Self Regulation Code for circulating the content online; wherein the code restricts the OTT platforms from showing contents banned by Indian Courts, contents disrespecting the national emblem, sexual acts by children, contents which promote violence against state or terrorism, and the contents which outrages religious sentiments. However, the government has not accepted the self regulatory proposal made by the OTT platforms.
Meanwhile, to abide by the laws and the regulation as per the Indian laws, IAMAI, in January 2021, announced for the adoption of a comprehensive toolkit, and the OTT platforms released their own code of conduct, on Feb 9, 2021,which forms the basis of self-regulation of their contents. IAMAI, on Feb 11, 2021, said in a statement that the code has also been adopted by all the OTT platforms.
Alternative Way, to Think of:
If you look over to the series of events took place, till date, then you would be able to figure out that since the beginning of 2019, several steps were taken in order to regulate OTT platforms. The point of consideration, here, is whether it is even necessary to regulate the OTT platforms when they, along with the actors, producers and others involved can be punished under the Indian Laws for the respective crimes they have committed. In case of broadcasting vulgar and legally restricted content, they can be punished under S.3, 4 and 7 of the Indecent Representation of Women (Prohibition) Act, 1986; or under S.292 to 294 in case of publicly portraying obscene acts.
Another argument would be as to why any platform in the country should be left autonomous, which doesn't require any prior permission to display contents on their streaming platforms. Would it be justice to the programs released through other service providers which require the permission of Censorship Board to get released on any public platforms, theaters including Television? Is it an abuse of Article 19, i.e. freedom of speech and expression of Indian Constitution? Is the self regulatory code enough to regulate OTT platforms?
The most interesting and awaited judgment would be of the Supreme Court in response to the transfer petition filed by the Central Government.
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