Collaborative Approach to OTTs

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.

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