"Online Web Platforms Need To Be Regulated By Statutory Body In The Interest Of Public Morality And Decency " : NGO Submits Before Supreme Court

Justice For Rights Foundation, has submitted before Supreme Court that an effective control of content on OTT platforms cannot be done without legislation, and regulation of these platforms by statutory body is necessary in interest of public morality and decency. The submissions have been made in its rejoinder affidavit filed in response to the counter affidavit filed by Central government and Ministry of Communications, in matter regarding regulation of content on OTT platforms. Supreme Court is scheduled to hear on Tuesday a plea by NGO Justice For Rights Foundation filed seeking regulation of functioning online media streaming platforms like Netflix, Amazon Prime Video, Hotstar etc. by the government. A three-judge Bench of Justice DY Chandrachud, Justice MR Shah and Justice Sanjiv Khanna will hear a batch of pleas filed regarding regulation of content on OTT platforms like like Netflix, Prime Video, Disney Hotstar etc.It will be heard with Central Government's transfer petition seeking transfer of cases pending in different High Courts for regulation of OTT platforms. A division bench of Justices S Abdul Nazeer and Sanjiv Khanna had issued notice on Centre's plea last month and tagged it with other petitions. The rejoinder filed by the NGO through through Advocate Satyam Singh has stated that content broadcasted by the OTT platforms are violative of the provisions of the Indian Penal Code, 1860, Information Technology Act, 2000, the Indecent Representation of Women (Prohibition) Act, 1986, and the other applicable laws. It has been admitted the government does not regulate the content broadcasted by the OTT platforms, and there is no provision for regulating and licensing the content broadcasted by OTT platforms. Therefore, the content produced and streamed by the OTT platforms remain out of the regulatory purview. According to the petitioner the online web platforms needs to be regulated by a statutory body in interest of public morality and decency as the content available on such platforms being non-licensed and non-censored is available in general public without any reasonable restrictions being imposed. The petitioner has stated that web series like Tandav, Mirzapur 2, Ak Vs Ak and A Suitable Boy have allegedly hurt religious, social and regional sentiments, and have allegedly damaged social harmony. The petitioner has referred to legal action taken against some of the web series, including FIR against the producers of web series Mirzapur and OTT platform Amazon Prime Video and makers of Amazon Prime web series 'Tandav' for allegedly hurting religious sentiments.The petitioner has opined that self-regulation by OTT streaming platforms have not been effective, and have not served any meaningful purpose. 15 OTT platforms had come together under the aegis of the Internet and Mobile Associations of India (IAMAI) in September, 2020 to sign a code of Self-regulation, formulating a framework for age classification, appropriate content description and access control. The Ministry of Information and Broadcasting (MIB), however, rejected the code and asked IAMAI to look at other mechanisms. The petitioner relying on a news article published by the Indian express, stated that the Government has expressed its displeasure with the self-regulatory model proposed by the IAMAI for content on online streaming services and OTT players, as it lacks independent third- party monitoring, does not have a well-defined Code of Ethics, does not clearly enumerate prohibited content.The Ministry of Electronics and Information Technology (MeiTY) administers the power and functions as provided in the IT Act, 2000 and rules and it has been admitted by the respondent that the Act provides for disablement of content for public access only in limited circumstances. Therefore it is evident from this admission on the part of Respondents that the provisions of IT Act, 2000, are not adequate to curb the growing menace of the OTT platforms.The petitioner has opined that the provisions of IT ACT, 2000 are not adequate to meet the challenges posed by the OTT platforms and are in the nature of mere criminal proceedings with the punitive measures based on complaints filed with the police authorities and contain no provisions to guide general decisions related to content creation and dissemination in the digital media ecosystem. Further the petitioner has contended that the government in its affidavit has only dealt with the content of the OTT platforms which was one of the aspects of the Petition and have not clarified their stand with respect to license, certification and lack of grievance portal. "The answering Respondents fell into oblivion the fact that the certification can only be provided before a particular content is broadcasted or can be broadcasted and once the content has been telecasted for public display, then it does not serve any useful purpose for the public at large." the rejoinder has stated. The petitioner has further...

"Online Web Platforms Need To Be Regulated By Statutory Body In The Interest Of Public Morality And Decency " : NGO Submits Before Supreme Court

Srishti Ojha

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