The Government of India has brought over-the -top or OTT platforms such as Netflix, Amazon Prime, Disney+ Hotstar under the ministry of Information and Broadcasting (I & B) by amending the rules of allocation of business.

Thus I & B mininstry is now empowered to draw up rules regarding the regulation of the OTT content.

There could be two option before the ministry — make an Act similar to the Cinematograph Act or the Cable Television Network Regulation Act; or persuade the OTT players to formulate a self-regulation code acceptable to the Government. As you are aware, so far the OTTs fell within the purview of ministry of electronics and IT; and were governed by section 67, 67A and 67B of the IT Act. These dealt with the entire Internet and aim at containing the sexually explicit acts etc. These provisions were not civil in nature; and led to an FIR.

There could be self-regulation or co-regulation.

There is a need for deregulation and not more media regulation. The decision to take the digital content under the I & B ministry should not be a prelude to more legislation and government control. It is difficult to register online businesses — there are differing contours of digital content. Moreover, it puts Indian firms at a disadvantage to foreign entities. Control over content is akin to censorship.