New Delhi: The government has put OTT platforms such as Netflix as well as news and current affairs content on online platforms under the Ministry of Information and Broadcasting and given its powers to regulate policies and rules for the digital space.
There was no law or autonomous body governing digital content in India so far. Now, OTT and other platforms, including digital news websites, are expected to fall within a governmental framework of rules and regulations.
According to a notification issued by the Cabinet Secretariat on Tuesday night and signed by President Ram Nath Kovind, the decision comes into effect immediately.
It was taken in exercise of the powers conferred by clause (3) of Article 77 of the Constitution by amending the Government of India (Allocation of Business) Rules, 1961, the notification said.
With this, the Information and Broadcasting ministry has the power to regulate policies related to news, audiovisual content, and films on online platforms. These include over the top' platforms Netflix, Amazon Prime Video, and Disney+Hotstar as well as homegrown ones like SonyLIV, and digital news websites, including The Wire and Scroll often seen as being critical of the government.
Digital media is already regulated through the IT Act and other laws, albeit within the framework of the Constitution that guarantees freedom of speech, veteran media insiders pointed out.
Though a cross-section of journalists, writers, and directors in digital news platforms and those providing content for OTT services responded with dismay, there was little clarity on what kind of regulations the move would entail.
Information and Broadcasting Minister Prakash Javadekar said he would give a detailed briefing on the matter on Thursday. He was asked about the move during the Cabinet briefing on Wednesday.
The government's decision comes less than a month after the Supreme Court sought the Centre's response on a PIL seeking regulation of OTT platforms by an autonomous body.
These rules may be called the Government of India (Allocation of Business) Three Hundred and Fifty-Seventh Amendment Rules, 2020. They shall come into force at once.
"In the Government of India (Allocation of Business, 1961, in THE SECOND SCHEDULE, under the heading 'MINISTRY OF INFORMATION AND BROADCASTING (SOOCHANA AUR PRASARAN MANTRALAYA)' after entry 22, the following sub-heading and entries shall be inserted, namely:- VA. DIGITAL/ONLINE MEDIA. 22A. Films and Audio-Visual programmes made available by online content providers. 22B. News and current affairs content on online platforms," the notification said.
MX Player CEO Karan Bedi said he looks forward to working with the ministry to implement the efforts towards self-regulation.
As responsible content creators, we want to ensure this act not only takes cognizance of the nature of the content being released but also ensures that we safeguard creativity in this rapidly growing sector, Bedi told PTI.
Several other major OTT platforms declined to comment on the development when contacted.
But filmmakers and writers did not mince their words.
The decision could put Indian content creators at a disadvantage on the world stage and curtail the creative and personal freedom of makers as well as viewers, said several big names in the OTT circuit.
Hansal Mehta, Reema Kagti, and Karan Anshuman, who have been making streaming content on various OTT platforms, were among those who spoke out.
"It puts Indian content creators at a disadvantage when they are competing on the world stage...I don't know the legal ramifications of this. It is too premature to talk what can be done. We should wait and hope things will get clear when the guidelines or whatever is the intent comes into play, said Kagti, one of the directors on Amazon Prime Video's show Made in Heaven along with Zoya Akhtar and Alankrita Shrivastava.
However, nothing specific has been said regarding censorship, except that it is coming under the ambit of I&B ministry," she said, adding that creators are asked for many cuts even though films are certified A'.
Mehta, who made his streaming debut recently with the acclaimed Scam 1992 on SonyLIV, said the decision wasn't unexpected but was a reason for despair.
"This desperation for control of free speech and expression does not augur well. I am currently very disappointed," Mehta told PTI.
Anshuman, the director-writer of Mirzapur and Inside Edge on Amazon Prime Video, termed the move unacceptable and appealed to viewers and creators to band together and challenge the censorship in any and every manner .
Whatever happened to the understanding with Mr (Prakash) Javadekar that OTT will be self-regulated? The govt is giving in to the basest demands of prudes. How is this progress in any manner? Don't like it, don't watch it. Don't impose your regressive views on a billion people. Where is the public discourse before this autocratic decision was announced? And what's the process to appeal, if there's one at all? he wrote on Twitter.
At present, the Press Council of India regulates the print media, the News Broadcasters Association (NBA) represents the news channels, the Advertising Standards Council of India regulates advertising, while the Central Board of Film Certification (CBFC) monitors films.
In January 2019, eight video streaming services signed a self-regulatory code that laid down a set of guiding principles for content on these platforms.
The code adopted by the OTTs prohibited five types of content including those that deliberately and maliciously disrespect the national emblem or national flag, any visual or storyline promoting child pornography, any content that maliciously intends to outrage religious sentiments, and content that deliberately and maliciously promotes or encourages terrorism.
However, the government refused to support this code.
In their plea in the Supreme Court, advocates Shashank Shekhar Jha and Apurva Arhatia sought a proper board/institution/association for the monitoring and management of content on different OTT and streaming and digital media platforms.
"The government is facing heat to fill this lacuna with regulations from the public and the judiciary; still the relevant government departments have not done anything significant to regularise these OTT and streaming platforms," the plea said.
None of the OTT and streaming platforms have signed the self-regulation provided by the Information and Broadcasting Ministry since February, it added.
The ministry had earlier told the apex court in a separate case that there is a need to regulate digital media and the court may first appoint a committee of persons as amicus before laying down guidelines with respect to the regulation of hate speech in media.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Jaipur, Mar 28: Young Riyan Parag showed why he is considered a precocious talent as he struck a stunning 84 not out off 45 balls to set up a 12-run win for Rajasthan Royals against Delhi Capitals in their IPL match here on Thursday.
Sent in to bat, RR were reduced to 36 for 3 in the eighth over but the 22-year-old Parag single-handedly took the home side to 185 for 5 with a magnificent unbeaten knock studded with seven fours and six sixes.
Parag, who was promoted to number 4 by the team management this season and made 43 in the previous match, took 25 runs off veteran South African pacer Anrich Nortje with scores of 4, 4, 6, 4, 6, 1 in the final over to hit his highest T20 score.
Chasing 186 for a win, DC could only manage 173 for 5 in 20 overs though South African youngster Tristan Stubbs (44 not out off 23 balls) kept them in the hunt till the final over from which they needed 17 runs.
Avesh Khan conceded just four runs to help RR win their second consecutive match.
South African pacer Nandre Burger and Yuzvendra Chahal took two wickets apiece to also contribute in the RR win.
"Definitely disappointed. The best thing to do from here is to learn from it. The bowlers did well through the 15-16 overs. But the batters did well at the death, hopefully we do better in the next game," DC skipper Rishabh Pant said.
DC were reduced to 34 for 2 in the fourth over with Burger taking two wickets in three balls in a fine display of fast bowling.
Burger, who was brought in as Impact Sub for Shimron Hetmyer, dismissed opener Mitchell Marsh (23 off 12 balls) and Ricky Bhui (0) in the fourth over.
DC captain Rishabh Pant came out to bat at the fall of Bhui's wicket and along with senior batter David Warner built the innings without taking too much risk. Delhi were 89 for 2 at the halfway stage.
Warner was the more aggressive one as he got the boundaries to keep DC in the hunt. The senior Australian batter fell one run short of his fifty courtesy a brilliant diving catch by Sandeep Sharma off the bowling of Avesh in the 12th over.
Warner and Pant were involved in a crucial 67-run partnership for the third wicket.
Playing in his 100th IPL match and 14 months after a horrible car crash, Pant tried to build the innings with occasional boundaries. But he got out for a 26-ball 28 as Chahal induced a faint lower edge for Sanju Samson to do the rest behind the stumps in the 14th over.
The asking rate shot up to more than 13 runs an over and DC needed 66 from the last five overs.
Stubbs kept DC in the game with two consecutive sixes off Ravichandran Ashwin in the 17th over, but in the end the Delhi side were short by 12 runs.
They needed 34 runs from the final two overs which they could not get. It was DC's second consecutive loss.
Earlier, Parag shared 54 and 52 runs respectively with Ravichandran Ashwin (29) and Dhruv Jurel (20) after RR made a shaky start.
Royals captain Samson struck three consecutive boundaries in the fourth over bowled by pacer Mukesh Kumar before nicking a Khaleel Ahmed delivery two overs later to Pant to get out for 15.
RR were 30 for 2 by then as Mukesh had given DC their first breakthrough with the wicket of Yashasvi Jaiswal (5).
The Royals were in more trouble after wrist spinner Kuldeep Yadav literally forced his captain Pant to take a review, which later proved to be successful, to dismiss Englishman Jos Buttler for an LBW decision.
Ashwin came out to bat at number five and he lofted a Kuldeep delivery for a six to help RR reach 58 for 3 at halfway stage. He gave Nortje even a harsher treatment with two sixes in the next over that yielded 15 runs.
Ashwin, however, holed out to Tristan Stubbs near the boundary ropes for a 19-ball 29.
Parag then made his presence felt, striking two boundaries and a six off Ahmed to take RR past 100 in the 15th over.