TV content is governed by the Cable TV Network Act, 1995 and Cinema by the Cinematograph Act,1952. There are no specific laws to regulate OTT platforms. In general, OTTs follow Article 19(2) of the Constitution which provides for reasonable restrictions on the freedom of expression. There are provisions in the IT Act that can be invoked for objectionable content with powers to block access. The recently suggested Intermediary Guidlines and Ethics Code (February 2021) expects intermediaries to exercise due diligence while showcasing information on OTT platforms. These platforms are already subject to IPC provisions about defamation, deliberate and malicious intent etc. The proposed COTPA Bill of the Ministry of Health has provisions against tobacco advertising and glamorising content on OTT platforms.

So far the the artistic fraternity was elite, big banner, big people affair. OTTs have invited all and sundry and have broken the walls that existed. Entertainment industry employs directly and indirectly lacs of people. Even the audience has changed. Content has to conform to the present day audience, and its geographic location.

None wants micromanagement and excessive regulation of this segment. Provisions of existing laws could be used to lead to self-regulation. There should be collaborative model between the government and industry. Anything that delays the content clearance will sound the death knell for the industry.

The average short-video is 15-20 seconds. To finance this app, you require $100000 to $5 million plus. In short-video, tech is very important. The load time should ideally be not over one second. If it hits 3 seconds, the bounce rate is 30-40 per cent. (the rate at which people drop out). You require fast video delivery. There are issues of music licensing. The videos created are mostly of dancing and comedy. The language used is mostly Hindi. Technology and media firms are investing heavily in short-video apps. There are MX Player’s Taka Tak, Zee5’s HiPi, ShareChat’s Moj, Facebook’s Instagram Reel, and Inshorts’ Public.

These apps are great for bonding. India is a country of 700-plus districts. There are creators of short-video all across. If we estimate 100 creators in each district, the total number of creators could be 70,000.

The Government has come out with certain regulations for the social media, e-news platforms and OTTs. It is called Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. Let us see the brief the gist of these regulations.

Publishers of news and current affairs content and publishers of online curated content must provide the I&B ministry about how and where they publish, the nature of content they release, the size of the subscription base within 30 days of publication of rules, or in 30 days from the start of their India operations.

E-news must publish monthly compliance report containing the grievances received and action taken.

There would be a three-tier grivance redressal mechanism. The complaint is received against the content. An acknowledgement is issued to the complainant within 24 hours. There is a decision in 15 days. In the three-tier mechanism, there is regulation by publishers, regulation by the body of publishers and lastly an oversight mechanism by the Centre.

The grievance mechanism is applicable to news media as well as other digital media. The self-regulating body would be headed by a retired judge of either a high court or supreme court or an eminent person in the field. The government-appointed oversight mechanism and an Inter Departmental Committee (IDS) would consist of the representatives of various ministries, empowerd to seek hearings on violation of code of ethics.

The joint secretary level or senior officer will be authorised to direct the blocking of content. There would be removal of content on the direction of court.

Digital media outlets must follow the code of ethics laid down under the Press Council of India and Cable and TV Regulation Act.

OTTs will have to categorise content into five age-based categories.

Social media platforms need to disclose first originator of mischievous messages which may lead to law and order problem.

The government calls it light touch regulations.

As the oversight mechanism is sought to be created through rules and not to by legislative backing, it is to be seen how far it is constitutional or within the ambit of law.

Disclosure of the originator of the message requires the breaking of encryption. It is going to difficult for the messengers to do this.

Platforms are asked to take into consideration India’s multi-racial and multi-religious context and exercise caution.

There seems to be clubbing of streaming content, social media and digital media — all under one umbrella. News on digital media from established TV channels and print media already comply with legislations, code and do self-regulation. It is social media that is fully unfettered. Rules are subordinate regulations However, these cannot be sweeping. Oversight authority could be used to arm-twist by the State and there could be a deluge of trolling on select media. The government must focus on a robust data protection legislation to regulate social media content. And news platforms must not be clubbed with social media.

In the redressal mechanism at the third tier, the publishers can be asked by an IDC to remove the content even before a judicial process declares it fake or otherwise damaging. The prescribed content can range from defamatory to threatening public order or violating decency or morality. Here there are chances of abuse.

SC had dismissed a petition against a request to ban a film on grounds of nudity and vulgarity. It said that the film should not be watched. These are the matters of art and entertainment. It had championed the artistic and creative freedom. Currently, SC expects the government to monitor OTT platforms. It is a decision the users take — to stream or not to stream. It constitutes a decision in privacy. It becomes moral policing. SC has suggested legislation, as the Code lacks teeth. The government has informed SC that the guidelines are the rules formed under the IT Act which has sections 67, 67A and 67B dealing with pornography and obscenity. There is punishment ranging from 3-5 years and additional fines can be imposed. The government feels there is no need to bring any new legislation.