Centre bans 18 OTT Platforms for Inappropriate Content

In the news

• The Information & Broadcasting Ministry has blocked 18 OTT platforms on the charge of publishing obscene and vulgar content.

How were these platforms banned?

• The contents listed on the OTT platforms was found to be prima facie violation of:

1. Section 67 and 67A of the Information Technology Act, 2000;
2. Section 292 of the Indian Penal Code; and
3. Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.

• These platforms were violative of the responsibility to not propagate obscenity, vulgarity and abuse under the guise of ‘creative expression’.

How are OTT Platforms regulated in India?

• Regulatory Framework: The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 introduce a Code of Ethics applicable to digital media entities and OTT platforms.
• Key Provisions: These guidelines encompass content categorization, parental controls, adherence to journalistic norms, and the establishment of a grievance redressal mechanism to address concerns.

[A] Content Regulations

• Age-Based Classification: OTT platforms like Netflix and Amazon Prime are mandated to classify their content into five age-based categories: U (universal), 7+, 13+, 16+, and A (adult).
• Parental Locks: Effective parental locks must be implemented for content classified as 13+, ensuring that parents can control access to age-inappropriate material.
• Age Verification: Robust age verification systems are required for accessing adult content, enhancing parental oversight and safeguarding minors from exposure to inappropriate material.

[B] Grievance Redressal Mechanism

• Three-Tier System: A comprehensive grievance redressal mechanism consisting of three tiers has been established:

• 1. Level-I: Publishers are encouraged to engage in self-regulation to address grievances and concerns internally.
  2. Level-II: A self-regulating body, headed by a retired judge from the Supreme Court or High Court or an eminent independent figure, will oversee complaints and ensure impartial resolution.
  3. Level-III: The Ministry of Information and Broadcasting will formulate an oversight mechanism and establish an inter-departmental committee tasked with addressing grievances. This body possesses the authority to censor and block content when necessary.

[C] Selective Banning of OTT Communication Services

• Parliamentary Notice: Concerns about the influence and impact of OTT communication services prompted a notice from a Parliamentary Standing Committee to the Department of Telecom (DoT).
• Scope of Discussion: This discussion focuses exclusively on OTT communication services such as WhatsApp, Signal, Meta (formerly Facebook), Google Meet, and Zoom, excluding content-based OTTs like Netflix or Amazon Prime.
• Regulatory Authority: Content regulation within OTT communication services falls under the jurisdiction of the Ministry of Information and Broadcasting (MIB), emphasizing the government’s commitment to ensuring responsible communication practices.