NEW DELHI: The government has brought OTT platforms like Netflix, Amazon Prime Video and Disney + Hotstar in addition to other online news and current content within the scope of the Ministry of Information and Broadcasting, granting it powers to regulate policies and standards for digital space.
Until now, there was no law or autonomous body regulating digital content in India.
According to a notification issued by the Cabinet Secretary on Tuesday evening and signed by the president Ram Nath Kovind, the decision was made in exercise of the powers conferred by clause (3) of article 77 of the Constitution, by the amendment of the Government of India (Business Assignment) Rules, 1961 and will take effect immediately.
“These rules can be called the Government of India (Business Assignment) Rules of the Three Hundred and Fifty Seventh Amendment, 2020. They will come into effect immediately.
“In the Government of India (Business Assignment, 1961, in THE SECOND PROGRAM, under the heading ‘MINISTRY OF INFORMATION AND DIFFUSION (SOOCHANA AUR PRASARAN MANTRALAYA)’ after entry 22, the following subtitle and entries shall be inserted, namely: – VA. DIGITAL / ONLINE MEDIA. 22A. Movies and audiovisual programs made available by online content providers. 22B. News content and current affairs in online platforms,” He said.
With this, the Ministry of Information and Broadcasting has the power to regulate policies related to news, audiovisual content and films available on online platforms.
The decision was made less than a month after the Supreme Court requested the Center’s response on a PIL to regulate Over The Top (OTT) platforms by an autonomous body.
Now, OTT platforms, which until now were not regulated, are expected to be subjected to rules and regulations.
As of January 2019, eight video streaming services had signed a self-regulatory code that established a set of guiding principles for content on these platforms.
The code adopted by OTTs prohibited five types of content, including those that willfully and maliciously disrespect the national emblem or national flag, any line of sight or storyline that promotes child pornography, any content that has the malicious intent to offend the religious sentiments, content that deliberately and maliciously promotes or encourages terrorism, etc.
However, the government had refused to support this code.
In their statement to the Supreme Court, advocates Shashank Shekhar Jha and Apurva Arhatia sought a suitable board / institution / association for monitoring and managing content on different OTT and Streaming platforms and digital media.
The lack of legislation governing OTT and transmission platforms becomes evident with each passing day and with each new case that is presented for these reasons.
“The government is facing pressure to fill this gap with regulations from the public and the judiciary; yet the relevant government departments have not done anything significant to regularize these OTT and broadcast platforms,” the statement said.
None of the OTT and streaming platforms have signed the self-regulation provided by the Ministry of Information and Broadcasting since February, he added.
The ministry had previously told the higher court in a separate case that there is a need to regulate digital media and that the court may first appoint a committee of people as amicus before establishing guidelines regarding the regulation of hate speech in media.
At present, the Press Council of India regulates print media, the Association of News Broadcasters (NBA) represents news channels, the Advertising Standards Council of India regulates advertising, while the Central Board of Film Certification (CBFC) oversees films.
In video: Online content will be under the purview of the I&B ministry
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