Govt puts online news portals, OTT platforms Netflix, Hotstar and others under I&B ministry
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.
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'King and The Prince': Tons by young Jaiswal, veteran Kohli put India in winning position
Perth (PTI): Virat Kohli brought all his technical expertise into play while dealing with vagaries of variable bounce during his 30th hundred after heir apparent Yashasvi Jaiswal's classy 161 put India in sight of a remarkable Test victory against a nervous and fumbling Australia here on Sunday.
The Indians dominated the third day to first set an improbable 534-run target for the hosts before reducing them to 12/3 at close of play.
Once Kohli reached an unprecedented seventh Test century Down Under, Indian skipper Jasprit Bumrah declared at 487 for 6 with five overs to go flat out.
The skipper then immediately disposed off debutant Nathan McSweeney (0) and Marnus Labuschagne (3), both of whom got balls that kept perilously low.
The nervousness was palpable when rival captain Pat Cummins walked in as the night-watchman and the decision proved to be a not so wise one.
The match would be memorable for many reasons and one of them would be the exhibition of top quality batsmanship by the 'King' and 'Prince' of current India batting but in contrasting conditions and different match situations.
Jaiswal built a fascinating structure with care and Kohli (100 not out, 143 balls) polished it and put a beautiful coat of paint while throwing caution to the wind while reaching the landmark.
The 22-year-old Jaiswal, on Sunday, emerged as the unofficial flag-bearer of Indian batting for the next decade and a half during his 297-ball stay at the wicket, giving a glimpse of his ever-improving technique and composed temperament.
But it was veteran Kohli, who showed how to play on a wicket that consistently misbehaved during his second hundred at the Perth Stadium and 30th overall, which incidentally took him past Sir Don Bradman's 29 Test tons.
There were deliveries that simply didn't bounce. One from Mitchell Starc was upper cut for six over backward point while the shot of the day was an on drive off Cummins.
When Nathan Lyon started turning the ball square, he either got a big stride forward or brought the sweep shot, which he doesn't play often, out of his closet. His hundred, in fact, came off a sweep.
The straight six off Lyon with the turn was exhilarating as young Nitish Reddy (38 not out off 27 balls) only enhanced his reputation with some muscular IPL-like strokes that took India past the 500-run mark.
Before 'King Kohli' took charge, the new 'Prince' Jaiswal, just a month short of his 23rd birthday, notched up a classic fourth century in Tests. The knock has provided his skipper Bumrah with enough ammunition to exploit the treacherous bounce that is starting to trouble batters.
The post-lunch session turned out to be the most productive one for Australia since the opening day as India, starting the session at 275 for 1, slumped to 321 for 5 but by then, the lead was well past the 360-run mark and it didn't hurt the team much.
With no seam movement, Kohli was able to control the other factor -- variable bounce -- and his front-foot stride was way more assured than the first essay.
While he was completely side-on in his stance while facing the pacers, against Lyon, he turned it into a open-chested one. There was a minor back-foot trigger before he would stride on the front-foot for either drive or defence.
However, if India go on to win the Test match, Jaiswal and KL Rahul (77)'s 201-run opening stand would be as important as Bumrah's first innings five-for.
Jaiswal 'Arrives' in Australia
Exactly 32 years ago, 17-year-old Sachin Tendulkar became a global phenomenon with a hundred for the ages at the old WACA ground on a track that had those snake-like cracks and in the last two days, Jaiswal has shown the entire world that he is here to be the torch-bearer of Indian batting for the next decade and a half.
He became the second youngest Indian batter after Sachin Tendulkar to score a hundred at Perth.
Jaiswal completed his fourth Test hundred and first in a SENA country with a beautifully executed ramp shot off a bouncer bowled by Josh Hazlewood.
The celebration was one for the keeps with hands in the air and gratitude towards the almighty before showing his lean but muscular biceps. All his four Test hundreds are now scores of 150 plus.
The six also ensured that Jaiswal and KL Rahul's opening pair surpassed the previous record stand of 191 set by Sunil Gavaskar and Krishnamachari Srikkanth way back in Sydney in 1986.
When Jaiswal was finally out trying to cut a long hop from Mitchell Marsh, the 'Prince' looked distraught even as the entire stadium gave him a standing ovation while the 'King' clapped with his bat at the other end as one witnessed a silent passing of the baton.
