Supreme Court Issues Notice on Plea Seeking Formulation of Autonomous Body to Regulate OTT Platforms

The Supreme Court on Thursday gave notice to the Center, Ministry of Information and Broadcasting, and Internet and Mobile Association of India in a Public Interest Litigation (PIL) looking for guideline OTT platforms, like Netflix and Amazon Prime by a self-governing body.

A Bench headed by Chief Justice of India SA Bobde gave notice and pursued for the Center's reaction in the issue.

The plea, submitted by Advocates Shashank Shekhar Jha and Apurv Arhatia, look for instructions for the "establishment of a proper board/institution/association for the monitoring and management of content on different OTT/Streaming and digital media platform".

It is presented that as films/theatres are probably not going to open at any point in the near future, OTT/Streaming and diverse media platforms have permitted producers and artists to deliver their content without being stressed over getting clearance certificates from the Central Board of Film Certification.

Hence, without any law or independent body overseeing computerised content, content is being made accessible to the general population everywhere with no filter or screening. Further, notwithstanding the Ministry's suggestions to OTT/Streaming stages, they have neglected to settle a self-administrative code – "That almost none of the OTT/Streaming platforms including Netflix, Amazon Prime, Zee5, and Hotstar have signed the self-regulation provided by Respondent No.2 since February 2020".

The pleas further expresses that the absence of an administering enactment is getting clear as time passes as another case is being recorded on these grounds.

"The government is facing heat to fill this lacuna with regulations from the public and the Judiciary; still the relevant government departments have not done anything significant to regularise these OTT/Streaming Platforms".

The plea additionally raises the issue that utilisation of content on these platforms has expanded during the pandemic and absence of censoring permits "exploitation of creative liberty" which involves pushing the limits on depicting infringement of social mores, such brutality, scenes and disgusting dialects – on occasion with no notice.

"keep the value system intact".

"That Hotstar is airing foreign series like Game of Thrones, Amazon airing movies like The Wolf of Wall Street, Netflix airing movies like 365 Days etc. in India which are having various scenes inappropriate for the households including nudity, sexy, drugs, smoke, crime etc".

The plea likewise expresses that Indian series and films like Mirzapur, Paatal Lok, Sacred Games and Koffee with Karan are additionally brimming with unseemly content for ordinary families and isn't exposed to any balance by any administration, which this way is destructive for society at large.

Considering the above, the request looks for a self-sufficient body/board – "Central Board for Regulation and Monitoring of Online Video Contents" to screen and filter the contents and regulate the videos on several platforms for Indian viewers. It additionally appeals to the Board to be headed by an IAS officer of Secretary level and to have individuals from several fields.