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Context:
This advisory indicates that the government is becoming increasingly watchful regarding OTT platforms such as Netflix, Amazon Prime Video, and Disney+ Hotstar, specifically with regards to content regulation and age-related classification as mentioned in the IT Rules of 2021.
Key Points of the Advisory
- OTT platforms should refrain from streaming any content that is within the definition of illegal content (obscene, pornographic, vulgar).
- Age classification and parental control have to be applied for such content that is for adult audiences.
- Action was initiated because of complaints received from Members of Parliament, statutory bodies, etc.
The grievance-redressal set-up entails a three-stage settlement under the IT Rules:
- Complaint is resolved at the level of the platform.
- Then moves to self-regulatory body.
- Finally, grievance enters the Union Government’s Inter-departmental Committee.
Increasing Concern Regarding Content Available on OTT Platforms
- In December 2024, the Ministry of I&B had warned the OTT platforms against those shows promoting drugs.
- The Supreme Court directed the government to address obscene content on social media.
- The advisory will pertain to contents curated for OTT platforms, not to user-generated platforms such as YouTube.
Legal Framework for Regulation of Content
- The advisory mentions various Acts:
- Indecent Representation of Women (Prohibition) Act, 1986
- Bharatiya Nyaya Sanhita, 2023
- Protection of Children from Sexual Offences Act
- IT Act, 2000 (criminalizing obscene/pornographic content)
Consequences for OTT Platforms & Viewers
- Stronger implementation of content control and age-related restrictions.
- Possible self-censorship on the part of streaming services to avoid legal troubles.
- Heightened government regulation on defining what is ‘obscene’ or ‘vulgar.’
This shift denotes a larger circumstance where India is regulating digital content, often in implementation of a balance between free expression and societal concerns regarding online content.
