 platforms have experienced unprecedented popularity, reshaping the way we consume entertainment. However, this meteoric rise hasn’t come without consequences and has led to formulation of certain regulations by the Indian government. This article delves into OTT regulations shedding light on their implications for content creation.){kind=link}
In this technologically advanced world, humans have discovered a readily accessible font of entertainment: Over-The-Top (OTT) streaming services. Gone are the days when one relied solely on cinema for entertainment.
The advent of Over-the-top or OTT platforms has transformed the entertainment landscape in India. As internet connectivity and accessibility are increasing in India so is the penetration of digital media. A report by Datareportal mentions that in 2023, a total of 1.10 billion cellular mobile connections were active which was nearly 77% of the total population. Gone are the days when one used to watch movies only at theaters. Now OTT platforms are popular among the masses and have seen skyrocketed success during the COVID-19 pandemic. Also, their easy availability and creative content have made them popular among the groups.
OTT or over-the-top is a media service which enables viewers to directly access the content via the internet on computers, television and mobile phones. Netflix, Amazon Video and Hotstar are some famous streaming platforms that many of you might know as well. It is seen as a global phenomenon and allows creators to show content without many restrictions. Though the OTT platform enjoys a certain amount of freedom sometimes it misuses this privilege creating various controversies. India is a land of diverse people and cultures and it is difficult to maintain peace and harmony among all. Catering to the diverse demands and preferences of the audience is seen as the biggest challenge for OTTs. Consequently, various movies and series have been embroiled in controversy leading to increased pressure on the government to formulate specific guidelines to avoid such misuse of freedom.
In 2019, eight video streaming platforms agreed to a self-regulatory code outlining a series of principles to be kept in mind while displaying content. In September 2020, the universal self-regulatory code for Online Curated Content Providers (OCCPs) was released by the Internet and Mobile Association of India (IAMAI). These streaming platforms have to provide content descriptions, age ratings and parental control. Though these regulatory frameworks were rejected by the government and on February 26, 2021, the Ministry of Electronics and Information Technology (MeitY) passed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules for regulating OTT services under Section 87 read with section 79(2)of the IT Act, 2000. The regulation imposed an age-based content classification (the five categories being universal, 7+, 13+, 16+ and adult), and facility of parental lock for the content marked 13+. Moreover, a three-tier grievance redressal mechanism was the main highlight of these regulations. These three-tier grievance redressal mechanisms are:
1) Self-regulation by the OTT platforms
2) Institutional Self-Regulatory Body
3) Interdepartmental Committee established by MIB
Additionally, a Code of Ethics is also formulated under the guidelines. According to the government, these are”soft-touch regulatory architecture”.
While the regulations lack any provision for punishment or fines, the Supreme Court has remarked them as “lacking teeth”. Further, it mentions that if the existing regulations are not followed correctly, a proper law might be made.
Since these regulations were issued over two years ago, the debate surrounding their potential to lead to censorship remains unresolved. Though, it is undoubtedly an excellent step for regulating the content shown on OTT platforms the larger question is how it will affect satire and humour-based content.
Indian cinema has a rich history of using satire and humour as a source of entertainment. Both humour and satire complement each other as they not only provide entertainment but also serve as a vessel for introspection. Satire and humour-based content often rely on pushing boundaries, using irony, and exaggeration to comment on social, political and cultural issues. As Molly Ivins has rightly said, “Satire is traditionally the weapon of the powerless against the powerful.” This cinematic endeavour not only entertains but also serves as a platform for marginalized voices to confront and challenge the existing power dynamics. A notable contemporary example of this is the Netflix production ‘Kathal’, which was a social satire raising the issue of caste discrimination and the plight of the poor.
However, recent debates surrounding regulations imposed on OTT platforms raise concerns about potential implications for content quality. It is seen as the possible curtailment of freedom of expression for the artist. Creators will be conscious of their content and their ideas will include some kind of self-censorship (the act of censoring one’s work or what one says). This can result in their work losing its edge, impact and unique voice. The creators would second guess themselves, ultimately eroding their creative expression as they would be facing both internal and external pressure.
During an emergency when anything critical was written against the government, it would be liable to cuts and censorship. Sometimes instances of blocking of content are seen like Last Week Tonight hosted by John Oliver saw the blocking of an episode for being critical of PM Modi. This is seen as restricting and a form similar to censorship.
If we talk in a broader sense, every coin has two sides. On the one side, some are seeing these regulations as indirect control of the government over the OTTs. Assumptions are that these regulations can be similar to the Central Board of Film Certification as the registration of the self-regulation is in the hands of MIB. In contrast, others see it as a good step for the regulation of content as it is just a ‘soft touch’, unlike censorship. For example, Girish Johar (Film producer) sees this as a great move and remarks, “Freedom of Expression should be within the extent of our own culture and decency.”
Moreover, OTT has emerged as an alternative to traditional mainstream cinema and it does not require approval from the Censor board. Shows such as Sacred Games or Mirzapur would not have been possible with excessive regulation of digital content.
In a nutshell, there is a need for regulations to manage the content displayed on OTT platforms, and the OTT regulation of 2021, does serve this purpose to some extent. However, it is crucial to strike a balance where these regulations do not impede the creativity of content creators for OTTs. Finding a middle path that allows adherence to regulations without significantly affecting creativity is seen as the ideal approach.
Sanskriti Pundir
Sanskriti Pundir is currently pursuing a Bachelor's degree in History Honours from Indraprastha College for Women. She is determined and is also a budding writer who actively seeks opportunities to improve her writing skills.