I&B ministry to regulate content on Netflix, Amazon Prime, other OTT platforms

The information & broadcasting (I&B) ministry will oversee and regulate content on over-the-top (OTT) media services such as Netflix, Amazon Prime and Hotstar, according to the latest amendment to the Government of India's (Allocation of Business) Rules. The notification also announced that news and current affairs content on online platforms would fall under the purview of the ministry. 

.Legal website, LiveLaw.in, shared the notification on social media, clarifying the latest development for OTT platforms. 

The notification reads, "In the Government of India (Allocation of Business) Rules, 1961, in the second schedule under the heading 'Ministry of Information and Broadcasting' after entry 22, the following sub-heading and entries shall be inserted, namely: Films and audio-visual programmes made available by online content providers; news and current affairs content on online platforms [sic]."

The debate surrounding regulating streamed content has been ongoing since 2019 when a PIL was filed in the Supreme Court by an NGO seeking guidelines for dealing with uncertified and sexually explicit content being streamed on global online platforms.

The Supreme Court notified the government and asked if any measures were in place for the same. After several discussions, the OTT platforms announced the decision to self-regulate in January 2020. An agreement by 13 major OTT platforms to self-regulate content in September 2020 under IAMAI (Internet and Mobile Association of India) was released. The code adhered to a framework for classification of age, content description, tools for control et al. The framework also addressed issues of grievance redressal and escalation mechanism for managing OTT platforms that did not sign on to the agreement.  

The agreement did not go down well with the ministry, which objected to the absence of a clear description of prohibited content. The ministry also raised the issue of conflict of interest with the advisory panel of IAMAI having a majority representation by OTT services. The government has since pursued avenues to bring the platforms and content under the purview of the I&B ministry. 

The news also comes a day after an FIR was filed by the Maharashtra cyber cell against seven OTT services, including Ekta Kapoor's ALTBalaji, for featuring "sexually explicit and obscene content".

The Times Of India newspaper quoted inspector general of police Yashasvi Yadav as saying that videos uploaded on these platforms and portals have not been certified by any certifying agency. "It is likely that the actresses in these videos have been exploited, lured or compelled to perform obscene acts. We will be treating the actresses as ‘victims’ and not ‘accused persons’," he said.