Plea in Supreme Court Seeks Regulatory Board for OTT Platforms: A Need for Stronger Content Monitoring

Plea in Supreme Court Seeks Regulatory Board for OTT Platforms: A Need for Stronger Content Monitoring

A plea has been filed in the Supreme Court of India demanding the establishment of a regulatory board to monitor and manage content on Over-the-Top (OTT) platforms. Filed by advocate Shashank Shekhar Jha, the petition emphasizes the lack of stringent checks and balances for OTT platforms, which has led to concerns over explicit content, violence, substance abuse, and its potential national security implications.

Issues Highlighted in the Plea

The petition raises concerns about the unregulated nature of digital streaming platforms compared to traditional media such as films and television. Unlike movies shown in theaters, OTT content is not subjected to a certification process before release. This has led to an increase in explicit scenes, graphic violence, substance abuse, and other harmful content, which is often made available without appropriate warnings or restrictions.

According to the petition:

- OTT platforms have become a medium to promote substances that are otherwise prohibited for advertisements, including gambling, alcohol, drugs, and smoking.

- The existing Information Technology (IT) Rules 2021 introduced by the Union of India and the Ministry of Information and Broadcasting to regulate OTT platforms have been inefficient and fail to address the broader concerns of content management.

- The loopholes in these regulations allow controversial content to bypass scrutiny, which can have national security implications and promote illegal activities.

Call for a Regulatory Body

The petition calls for the creation of a proper board or autonomous body tasked with regulating content across OTT and streaming platforms. Jha argues that such a body would prevent the dissemination of harmful content by regulating it before release, akin to the Central Board of Film Certification (CBFC) for traditional films and television.

Key demands of the petition include:

1. Establishment of a Regulatory Board: A dedicated institution/association to oversee and regulate content across OTT platforms to ensure that it complies with national laws, ethical standards, and appropriate viewer advisories.

   

2. Representation Across Multiple Fields: The petition suggests that the board should be led by an IAS officer of Secretary level and include members from various fields such as the movie industry, media, defense forces, the legal sector, and education to bring a comprehensive perspective to content regulation.

3. Content Parity: The petition stresses that OTT platforms should be subject to the same level of scrutiny and regulations as traditional media. The lack of regulatory parity between traditional media and digital streaming services creates an uneven playing field, which is arbitrary and unjustifiable.

Challenges with Current IT Rules 2021

The petition underscores the ineffectiveness of the IT Rules 2021 in adequately addressing the content regulation needs for OTT platforms. The rules are largely focused on self-regulation, allowing platforms to appoint their own grievance officers and compliance heads, but they lack the enforcement power to ensure compliance with broader ethical and national security concerns.

Some key issues with the IT Rules include:

- Inconsistent Content Warnings: OTT platforms are not uniformly required to display content warnings or restrict access to explicit materials, leading to potentially harmful content being available to all age groups.

- Exploitation of Loopholes: Many platforms exploit regulatory loopholes to push controversial or problematic content, further highlighting the need for stricter oversight.

The Need for Comprehensive OTT Regulation

With the rapid rise of digital streaming services, OTT platforms have become a dominant source of entertainment. However, the lack of a certification process or governing body has left a vacuum in terms of accountability and responsibility. While OTT platforms provide a creative space for filmmakers and artists, the absence of a regulatory framework leads to:

- Unrestricted Content: Harmful or illegal activities such as gambling, drug abuse, and violence being promoted without scrutiny.

- Viewership of Harmful Content: Vulnerable sections of society, including children and adolescents, are being exposed to inappropriate material.

- National Security Risks: Unchecked content with national security implications could potentially create internal disruptions or fuel criminal activities.

Proposed Regulatory Solutions for OTT Platforms

To address the growing concern over unregulated OTT content, several regulatory options could be considered:

1. Mandatory Certification: Implementing a mandatory certification process for OTT content similar to the CBFC for films. This would require OTT platforms to submit content for review before release, ensuring that inappropriate material is filtered or given appropriate warnings.

2. Content Rating System: Developing a uniform and stringent content rating system with clear guidelines on what types of content are suitable for different age groups, along with enforcement mechanisms to ensure compliance.

3. National Security Reviews: Creating a panel to assess content with potential national security risks, including content that promotes illegal activities or undermines national integrity.

4. Complaint Redressal: Establishing a centralized grievance redressal system for users to report inappropriate content, with swift and strict penalties for non-compliance by the platforms.

5. Independent Regulatory Body: Establishing an independent body with regulatory powers to oversee content, impose fines, or ban content that violates national laws or promotes harmful activities.

Conclusion

With OTT platforms growing rapidly in popularity, the absence of a robust regulatory framework is increasingly becoming a matter of concern. The plea filed in the Supreme Court by Shashank Shekhar Jha seeks to address this gap by calling for the establishment of a regulatory board that would bring OTT platforms under the same scrutiny as traditional media. By ensuring the certification of content, implementation of strict guidelines, and the creation of a balanced playing field between traditional and digital media, India can safeguard its citizens from the dangers of unchecked content while continuing to support creative freedom.