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Synopsis

A PIL has been filed before the Supreme Court of India seeking directions to the government for establishment of a proper board/institution/association for monitoring and management of content on different OTT/Streaming and digital media platforms.

Filed by Advocates Shashank Shekhar Jha and Apurva Arhatia, the petition states Union of India and Ministry of Information and Broadcasting's (MIB) introduction of IT Rules 2021 to self-regulate OTT platforms has been inefficient.

"These unregulated portals are putting everything without any moderation and common people in India are watching the same at the comfort of their houses which could ultimately lead to various problems in coming future", the PIL states.

It has been argued that OTT platforms in India abuse the right to expression granted in Article 19 and is thus against right to life of people at large under Article 21.

Petitioners argue that unlike films shown in theatres, OTT content doesn't go through a certification process before release, which has led to a rise in explicit scenes, violence, substance abuse, and other harmful content, often without proper warnings.

"The frequent depiction of nudity, violence, alcohol consumption, smoking, and drug use on OTT platforms, often without appropriate blurring or warnings—requirements that are otherwise mandatory for theatrical releases or television—demonstrates the extent to which these platforms are exploiting the absence of regulatory oversight..", the court has been told.

OTT medium has become a tool to promote substances prohibited for advertisements viz gambling, liquor, drugs, smoking, etc. while using the loopholes, the plea submits.

"..lack of a certification board for OTT platforms creates an unlevel playing field between traditional media (cinemas and television) and digital streaming services. While the traditional media is subjected to stringent regulations, OTT platforms on the other hand operates in a largely unregulated environment, allowing them to bypass content restrictions that are otherwise mandatory for other media. That this lack of regulatory parity is arbitrary and unjustifiable", the PIL adds.

The petition argues that due to no monitoring body, the language of the contents has become more colloquial, visuals and dialogues are crueler and more barbaric.

The plea also cites Cigarettes and Other Tobacco Products Act, 2003 (COTPA), and the Drugs and Cosmetics Act, 1940, as well as various guidelines issued by the government which mandate the display of health warnings regarding the consumption of tobacco, alcohol, and drugs in media content which are either not being adhered to or are not enforced on OTT platforms.

Case Title: SHASHANK SHEKHAR JHA AND ANR vs. UNION OF INDIA & ORS