OTT PLATFORMS

OTT PLATFORMS

OTT Platforms are online platforms that provide a range of content on a single platform which can be accessed through the internet. E.g., Hotstar, Netflix etc. India is currently the world’s fastest growing OTT market, and is all set to emerge as the world’s sixth-largest by 2024.

Benefits of OTT platforms

1. Benefits for creators
   • Micro-targeting: OTT platforms offer advertisers the benefit of targeting their audience better.
   • Low costs: It cuts costs of advertising and distribution and also aids small filmmakers who have difficulty finding distributors.
   • Wider access: Through OTT, content can be broadcasted in any part of the world.
   • Less Regulations: OTT enjoys low censor requirements than film and television.
2. Benefits for customers
   • Connectivity: OTT platforms require only a stable internet connection, a viewing device like a smart TV or a smartphone etc.
   • Cost-friendly: It reduces costs of procurement, logistics and covers all under a single subscription.
   • Convenience: OTT does not have any physical and geographical boundaries like cable.
   • Wider Choice: Wide range of options available in various languages and from various countries.

Need to Regulate OTT Platforms

1. Social
   • Objectionable content: Due to lack of regulation, content can be upsetting to sentiments of people and may also be a cause of disharmony and upheaval.

• Impact on Youth: Unregulated content also has an impact on teenagers and youth who may be inspired and emulate toxic behavior being portrayed by actors.
• Cultural Appropriation: Since OTT platforms do not produce content from every region and language equally, some regions may find their culture being lost to more dominating cultures portrayed on screen.
• Multiple Interpretations: Even with self-regulation, OTT content can still be interpreted differently and thus may impact communities differently.

1. Economic
   • Loss of business: Cinema houses in Tier 2 and 3 cities are owned by small businessmen; with OTT platforms, theatrical releases are decreasing and hurting the business economy.
   • Foreign companies: Many of these platforms are foreign and thus provide an undue disadvantage to local cinema houses, distributors, and Indian OTT platforms.
   • Discouragement to filmmakers: Since OTT content is generalized and made to suit the general population, content for smaller audiences will be disadvantaged.
2. Political
   • Agenda based: Content can be partisan and project political narratives that create discontent in society.
   • Distortion of facts: Especially foreign content can always have a tendency to distort facts and also portray India in poor light.
   • Lack of oversight: At present, there is no law or autonomous body governing digital content or OTT platforms. Also, there is no specific law for content regulation on online services.

Issues with Regulations

• Freedom of speech: Regulating any creative content comes in the way of free expression.
• Infantilizes citizens: The premise for the need of regulation infantilizes citizens and portrays them as unable to choose and view content they wish to and do not wish to.
• Scale of content: OTT platforms host a huge amount of content, and regulation of which may prove to be a waste of public resources.
• Existing frameworks: The IT Act can be used to prosecute any transgression.

• Curbs growth: OTT regulations may hamper the rise of independent filmmakers and also those trying to access Indian viewer markets.

Current scenario of regulation

Before 2020

• Information Technology Act, 2000: Under Section 69A websites and information/websites can be blocked if they pose a threat to national security and social harmony.
• Indian Penal Code, 1860: It prohibits any content against national integration.
• The Supreme Court: Instructed the Government to frame necessary guidelines to eliminate child pornography, rape and gang rape imageries on content hosting platforms and other applications.

Information Technology Rules (Intermediary Guidelines and Digital Media Ethics Code), 2021

Key Provisions

• Self-Harbour Provisions: The rules state if due diligence is not followed, there can be a suspension of safe harbour provisions or immunity from legal prosecution for any content posted on their platforms.
• Indecent Content: Intermediaries shall remove or disable access within 24 hours of receipt of complaints of indecent exposure or nudity.
• Self-classification of content: OTT Platforms must classify themselves among 5 categories based on age; U (universal), 7+, 13+, 16+, and A (adult).
• Parental locks: They need to have suitable parental locks for 13+ content and a robust age verification system for accessing adult content.
• Content not to be posted by platforms: It has classified various content not to be posted that incites public sentiments, threatens national integration, or is obscene.
• Time Bound: The regulatory body will oversee the adherence to the Code of Ethics and address grievances that have not been resolved by the publisher within 15 days.
• Grievance Redressal: A three-level grievance redressal mechanism has been established at publisher level, regulating body level, and oversight level.
• Self-Regulatory Body: There must be one or more than one body headed by a retired judge of the SC, a High Court, or an independent eminent person and have not more than six members.
• Oversight Mechanism: Ministry of Information and Broadcasting shall formulate an oversight mechanism.

Issues with the new IT Rules 2021

1. Administrative

• Lack of consultation: Rules were not put forth for public consultation and may be seen as unilateral imposition.
• Politicisation Risk: As the oversight mechanism does not have any legislative backing, it can increase political control.
• Vague Penal Provisions: Lack of penal provision against violators may not be effective in regulation.
• Domain Breach: It can be seen as executive overreach in the domain of personal life and preferences.

2. For Creators/Platforms

• Freedom of Expression: Regulations on content pose a risk for freedom of expression and creative liberties.
• Disincentives growth: It may pose a risk to the extent of Indian creative content worldwide.
• Disincentives Platforms: Due to suspension of safe harbour principles, it can lead to platforms not being accepted by many content creators.
• Right to Privacy: It will undermine the principles of open and accessible internet.

Way Ahead

• Citizen-led: Any regulation must be civil society-led and not through solely government oversight.
• Efficient grievance redressal: Grievances must be analysed based on merits and not on partisan interests.
• Better parental controls: All OTT platforms must have effective parental control and monitoring mechanisms.
• Independent Oversight: The oversight mechanism should consist of media persons, civil society groups alongside authorities.
• Pluralism: Regulations must not encroach upon cultural aspects or aim at cultural homogenisation.
• Harmonious Balance: The need of the hour is to strike a balance between public welfare and also the freedom of expression of others.
• Civil Society engagement: Any action must be taken with all stakeholders on board and thus it is important to engage with citizens and rights groups before any action.
• Ethical approach: Content creators must also be made aware of the societal ramifications their work has and the importance to strike a balance between content and ethics.