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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Indian mobile hospital treats over 2,200 cyclone-hit people as New Delhi ramps up relief efforts in
Colombo (PTI): A mobile hospital set up by India in Sri Lanka has provided medical care to over 2,200 people affected by Cyclone Ditwah, as New Delhi ramped up its assistance to the flood-ravaged island nation with engineering support and delivery of fresh relief consignments, the Indian mission here said on Sunday.
Sri Lanka has been grappling with widespread flooding, landslides and severe infrastructure collapse triggered by the cyclone, leaving several districts isolated and severely straining the country's disaster-response capacity.
At least 627 people have been killed and 190 remain missing as of Sunday noon due to catastrophic floods and landslides caused by extreme weather conditions since November 16.
Sharing a social media post by the Ministry of External Affairs on its X handle, the Indian High Commission said a field hospital set up by India in Mahiyanganaya near Kandy has provided medical care to more than 2,200 people affected by the cyclone since December 5.
The hospital has also performed 67 minor procedures and three surgeries, it said. The field hospital was airlifted to Sri Lanka by an IAF C-17 aircraft along with a 78-member Indian medical team on Tuesday.
In another post, the mission said Indian Army engineers, working with Sri Lanka Army Engineers and the Road Development Authority, in Kilinochchi have begun removing a damaged bridge on the Paranthan–Karachchi–Mullaitivu (A35) road, a key route disrupted by the cyclone.
"This joint effort marks another step toward restoring vital connectivity for affected communities," it said.
India has additionally sent nearly 1,000 tonnes of food items and clothing contributed by the people of Tamil Nadu. Of these, about 300 tonnes reached Colombo on Sunday morning aboard three Indian Naval ships.
High Commissioner Santosh Jha handed over the supplies to Sri Lankan Minister for Trade, Commerce, Food Security and Cooperative Development Wasantha Samarasinghe.
India, on November 28, launched 'Operation Sagar Bandhu', a Humanitarian Assistance and Disaster Relief (HADR) initiative, to aid Sri Lanka in its recovery from the devastation caused by Cyclone Ditwah.
Since the launch of the operation, India has provided about 58 tonnes of relief material, including dry rations, tents, tarpaulins, hygiene kits, essential cloths, water purification kits and about 4.5 tonnes of medicines and surgical equipment, the Indian mission said in a press release on Sunday.
Another 60 tonnes of equipment, including generators, inflatable rescue boats, Outboard Motors, and excavators, have also been brought to Sri Lanka, it said, adding that 185 tonnes of Bailey Bridge units were airlifted to restore critical connectivity along with 44 engineers.
Two columns of the National Disaster Response Force, comprising 80 experts and K9 units with specially trained dogs, assisted with immediate rescue and relief efforts in Sri Lanka.
Besides the field hospital in Mahiyanganaya, medical centres have also been set up in the badly hit Ja-Ela region and in Negombo. INS Vikrant, INS Udaygiri, and INS Sukanya provided immediate rescue and relief assistance to Sri Lanka.
Apart from the two Chetak helicopters deployed from INS Vikrant, two heavy-lift, MI-17 helicopters of the Indian Air Force are actively involved in evacuations and airlifting relief material, the release said.
At the request of the Sri Lankan Disaster Management Centre, a virtual meeting was organised between DMC and the Indian Space Research Organisation (ISRO)'s National Remote Sensing Centre on Saturday.
Since the onset of the disaster, ISRO has been providing maps to assist DMC in its rescue efforts, the release said.
