The Madras High Court has taken a significant step in the ongoing debate around over-the-top (OTT) platform regulations by issuing a notice to the Central Government. This comes after a plea was filed urging immediate intervention to regulate the broadcast of movies, web series, and other programs on OTT platforms under a censorship framework similar to that applied to films and television. The petition raises concerns about the unchecked content aired on these platforms, citing violence, obscenity, and politically motivated narratives.
A bench comprising Justice R Subramanian and Justice Victoria Gowri sent notices to multiple bodies, including the Ministry of Home Affairs, the Ministry of Information Broadcasting, Telecom Regulatory Authority of India (TRAI), and the Central Board of Film Certification (CBFC), among others. The notice was issued in response to a petition filed by Advocate Adhisivam, who raised concerns about the lack of censorship for content aired on OTT platforms like Netflix, Amazon Prime, and Disney+ Hotstar.
The petitioner argued that the content currently being broadcasted on OTT platforms contains extreme violence, drug abuse, obscenities, and content that could negatively impact social fabric. He emphasized that the unregulated nature of these platforms allows for the airing of movies and shows that distort historical facts, promote extremist views, and include scenes that are unsuitable for public viewing, especially in a country like India with diverse cultural and moral values.
Furthermore, the plea criticized OTT content for allegedly promoting anti-national sentiments and failing to uphold the unity and integrity of the country. The petition sought to bring OTT platforms under the same censorship regulations that apply to movies screened in theaters, aiming to establish greater oversight over the content that reaches audiences.
Currently, OTT platforms operate without the stringent censorship guidelines that traditional media such as films and television have to follow. While films and television shows are subject to certification by the Central Board of Film Certification (CBFC), OTT content does not undergo such scrutiny, leading to concerns about what content can be viewed, especially by young audiences.
Advocate Adhisivam stressed that the absence of censorship allows for a wave of content that may encourage negative behavior, including drug abuse, violence, and a portrayal of extreme ideologies. He argued that this content should be regulated by the government to ensure it adheres to societal norms and maintains a focus on national unity.
The central government, along with the other concerned authorities, is now expected to respond to the High Court’s notice, outlining their stance on OTT regulation. In recent years, there has been ongoing discourse about whether OTT platforms should fall under stricter regulation, given their growing influence and widespread reach.
While the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 introduced some guidelines for OTT platforms, these largely focus on self-regulation rather than government-imposed censorship. The petitioner’s plea, however, seeks more direct and traditional forms of censorship, similar to those imposed on the film industry.
The outcome of this legal challenge could potentially reshape the OTT landscape in India, and may set a precedent for how streaming content is regulated in the country.
Key Highlights:-
- Madras High Court issues a notice to the Central Government on regulating OTT platforms following a petition.
- The petition raises concerns over violent, obscene, and politically motivated content broadcasted without censorship.
- The petitioner argues for OTT regulation akin to film censorship to safeguard social values and promote national unity.
- The Central Government and related authorities are expected to respond to the court’s notice on the matter.