OTT expanded, Over -The -Top is a media streaming service that can be directly accessed by consumers through the internet. OTT services are now delivered through apps and devices using the internet, this efficiently bypasses traditional infrastructures. Through this platform, content such as movies and tv shows can now be accessed. This content is streamed or downloaded within the OTT application, bypassing the need to subscribe to the traditional cable network. Applications such as Netflix, Amazon Prime, Hulu, etc are some examples of OTT platforms.

People now are preferring to subscribe to these OTT Platforms rather than to cable networks. Reasons for this can be many, such as a plethora of content and easy accessibility. A report of the global accounting firm, PricewaterhouseCoopers (PwC) projected that the video streaming industry is set to grow at a Compound Annual Growth Rate of almost twenty-two percent by the year 2023. The impact of lockdowns imposed due to Coronavirus might just accelerate the growth rate. As people are stuck inside their homes, with not much to do during their leisure time, consumption of these OTT platforms increase.

The remarkable growth of these OTT platforms acquires the attention of regulating legislations. In India, the Central Board of Film Certification is a regulating authority that regulates public exhibition of films. The CBFC is empowered by the Cinematograph Act, 1952.

Section 4 of the Cinematograph Act, 1952 provides for ‘Examination of Films.’

Under this, any person wishing to exhibit any film should make an application to the Board and needs to acquire appropriate certification. The Board can certify the film for unrestricted exhibition, exhibition restricted to adults, restrict exhibition to members of any profession or any other class of people.

The Board is also allowed to direct the applicant to make any such changes the board deems fit.

The sanction for public exhibition of the film may also be refused.

Although, the CBFC does not regulate content that is broadcasted using internet services. Debates regarding the regulation of the content broadcasted in OTT platforms has been prevalent for a while. The Information Technology Rules, 2011 requires for due diligence to be followed by the intermediaries while displaying, publishing, any content which is obscene, pornographic, or unlawful.

Rule 3(3) of this, provides that intermediaries must not facilitate the transmission of any such content as mentioned above, knowingly.

Section 69A of the Information Technology Act, 2000 provides for ‘Power to issue directions for blocking for public access of any information through computer resource.’ This empowers the Central Government or any authorised officer to block public access of any content, in any computer resource.

It is not uncommon for cases to be filed calling for censorship of any film released in theatres. The situation remains true even in the case of the content broadcasted by OTT platforms.

In the case of, Gurdeepinder Singh Dhillon v. Union of India (CWP-8089-2020), a notice was issued by the High Court of Punjab and Haryana, calling for censorship of Amazon Prime’s show, Paatal Lok.

The main reason why regulation of content in OTT platforms is being called for is due to the lack of censorship, people are exposed to content that may be sexually explicit or showing drug and alcohol abuse. Easy access to these OTT platforms may even result in children being exposed to such content. This is the main contention of those calling for regulation. It is also highly likely that the content broadcasted may be insensitive and end up hurting public sentiments and values.  

In another case in this regard, Justice for Rights Foundation v. Union of India (WP(C) 11164/2018.), here the NGO called for regulation and censorship of OTT platforms.

The step taken by OTT platforms in this context is self-regulation. In light of several cases filed against these OTT platforms asking for the Government to regulate content, several streaming services have undertaken the ‘Universal Self Regulation Code for Online Curated Content Providers.’ The organizations signing up for this are to make reasonable efforts to ensure that the content broadcasted on their platforms does not explicitly violate any principles. This also enables consumers to make an informed choice. This is done through making relevant disclosures of anything in the content that may be considered violative of these principles.

Hotstar, a famous OTT platform in India had chosen not to air an episode of the show ‘Last Week Tonight with John Oliver which discussed the Indian Prime Minister Narendra Modi and the Citizenship Amendment Act. This was done in an act of Self-Regulation or Self-Censorship.   

Although some level of censorship and regulation does become necessary, no extreme policing of content needs to be carried on.

 This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.