Introduction :
A digital media service delivered directly to audiences over the internet is known as an over the top (OTT) media service. This platform has surpassed television's role as a source of information through cable, satellite, and other means. In India, OTT platforms such as Netflix, Amazon Prime, Hotstar, Voot, and others are available. Unlike the content produced by cinema or television, which is controlled by the CBFC, BCCC, and other regulatory bodies, OTT platforms do not have a regulatory body over them to monitor the content streamed, and therefore enjoy their independence.
Background:
The MIB had previously claimed in response to a request under the Right to Information Act of 2005 that it lacked the authority to monitor or manage online content and that it was not trying to create a regulatory structure for OTT platforms. Following that, in October 2018, an NGO filed a public interest lawsuit ("PIL") seeking different rules for controlling content on online streaming platforms. The Delhi High Court dismissed the petition, claiming that MIB believed that online platforms did not need to obtain a licence from it to view its content and that it was not controlled by it. In addition, the Ministry of Electronics and Information Technology ("MeitY") has claimed that it does not control internet content and that there is no provision for controlling or licencing any entity or institution that posts content on the internet. However, the IT Act will apply, and the concerned statutory authority exercising jurisdiction under the IT Act would be able to take action under Section 69 of the IT Act, which involves direction for surveillance, tracking, or decryption of information, and blocking of content, among other things. The Court went on to say that Sections 66A and 67B specify the penalties for offences like sending offensive messages via a communication service, publishing or transmitting pornographic material in any electronic medium, publishing or transmitting material containing sexually explicit material, publishing or transmitting material portraying children in a derogatory light, and so on. As a result, the court noted that while there is no general power to control the internet platform, the provisions of the IT Act provide for deterrent action to be taken as and when complaints are received if the internet platform is misused for carrying any information or content that is not permissible under the law. The court ruled that it could not issue a mandamus for the development of general guidelines or provisions when the IT Act already contains stringent provisions. The IT Act included sufficient procedural protections for taking action if broadcasters or entities engaged in prohibited behaviour on the online/internet site.
Supreme Court Notice:
The Supreme Court of India issued a notice to the Centre in a PIL in October 2020, in which the petitioners requested the establishment of an autonomous regulatory mechanism for online content. In recent years, the courts have ruled that online material does not fall within the scope of the Cinematography Act of 1952, and have often rejected large petitions requesting censorship of online streaming services. Several OTT operators, on the other hand, were gradually implementing self-regulation codes. Big OTT players including Netflix and Hotstar, as well as others, signed a self-regulatory code of best practises with the Internet and Mobile Association of India last year (IAMAI). The aim of this code was to provide content providers with guidelines for safeguarding consumers' interests and conducting themselves responsibly.
The Notice Resulted In An Amendment: Conclusion
The Government of India (Allocation of Business) Rules, 1961 ("Rules") have been amended, according to the notification, to add a new sub-heading VA to the second schedule, named "Digital/Online Online Media," with the following two (2) entries: I internet service providers' films and audiovisual programmes; and ii) news and current affairs content on online platforms The MIB is divided into nine (9) categories in the second schedule of the Rules, which deal with broadcasting policy and administration, cable television policy, radio, Doordarshan, films, advertisement and visual publicity, the news, magazines, and study and reference. The latest sub-category VA under the category of films is included in the notice. As a result of this notice, the MIB will have the authority to control OTT platform policies.
.jpeg)
