The New OTT Regulations: A Primer
The medium of entertainment has evolved rapidly in recent history. The early 20th century was largely dominated by the FM radio, which lacked visual stimulation for the consumers. To fill this void, motion pictures or films were introduced. These were predicated on the idea of effective storytelling via indulging the consumers’ visual as well as auditory senses.
Then came the television which further improved upon this idea by turning motion pictures into televised programs that could be viewed at will; thus, encouraging convenience in consumerism. Television was the de-facto leader in personalized entertainment till the time the internet came along.
With the internet came an opportunity for the consumers to expose themselves to global content of voracious depth, thus influencing emerging artists to improve their work to global standards. However, films and television always had a layer of bureaucracy, which often discouraged artists from indulging in their art the way they wanted to. Hence, when the idea of a platform unbridled with bureaucracy and interference was floated, it was widely accepted by both the consumers and the producers as a progressive leap towards unhinged art. Today we know these platforms as OTT (Over the Top) platforms.
An Unregulated Approach
An OTT platform essentially operates by providing content to viewers directly via the internet. It nullifies the need for either cable or other broadcasting services, hence the name. The selling point of OTT platforms has been that unlike traditional media such as films and televised programs, they haven’t been subjected to censorship by bodies such as The Central Board of Film Certification.
However, on the 23rd of January 2021, the Govt introduced a mechanism for grievance redressal and self-regulation vis-à-vis content on both the OTT platforms and other digital media pages. The Govt categorically stated that this framework was predicated on self- regulation rather than censorship and was designed to encourage freedom of expression while maintaining the sanctity of socio-political dynamics in the country.
Grievance Redressal Mechanism for Digital Media
The Govt proposed a three-tier mechanism for content regulation on the web. It’s worth having a look at the suggested framework before further analyzing the approach.
Level 1: Grievance redressal at the platform level where individual OTT platforms have to respond to the stated objectionable content in 15 days. The platforms may carry out requisite investigations to be able to substantiate a liable course of action.
Level 2: If the stated grievance is not satisfactorily addressed then the next tier of redressal lies with a self-regulatory body that shall be formed collectively with all the OTT platforms. It shall be headed by a retired judge of the Supreme court, the High court, or an independent eminent individual from the field of media, broadcasting, human rights, child rights, or other relevant fields. Moreover, this body shall have the power to censor the content as per their choice.
Level 3: If the grievance is still not satisfactorily addressed, then the Govt shall have overriding powers to censor any content it deems objectionable.
It’s also worth noting here that the Govt shall be given veto power to step in at any point in the said framework and alter or outright ban any content it deems unfit. Moreover, the Govt may ask for originators of objectionable content, not only on OTTs but also on social and other digital media and it shall be the responsibility of the grievance redressal officer to trace the said originator.
A Slippery Slope
It’s worth observing here that the framework suggested does address the problem of intolerance. In a country as emotionally volatile as India where there’s severe animosity between communities, online content can quickly stir up rage among the people and can lead to severe social disruption, as has happened repeatedly in the past. In addition to that, the widespread nature of factually incorrect news on digital media houses and hate speech on social media does demand a regulatory framework.
However, censorship of digital media can be a slippery slope wherein credible content might be compromised due to charged-up emotions among the people, thus inadvertently leading to subjugated free speech. A hard-line must be drawn up between what must be considered blatant hate speech and eloquent disagreement among communities. Erroneous attempts to foster animosity among people using content on OTT must be discouraged while simultaneous attempts must be made to not consciously curb artistic freedom in the process. Since the OTT platforms are subscription-based and thus voluntary, a softer approach must be taken towards the regulation of the content unless blatantly problematic vis-à-vis maintaining tranquility among citizens.
Hence, a lot of how this framework will pan out depends upon how well the Govt and the self-regulatory body maintain the delicate balance between rational regulation and outright censorship. The Govt’s attempt to maintain the sanctity of artistic expression by opting for self-regulation is commendable. However, how it pans out in practical circumstances is yet to be seen. Here’s hoping for the best.