The Centre issued new rules and regulations known as Information Technology Rules 2021(Intermediary Guidelines and Digital Media Ethics Code) from 25 February 2021. In order to govern the digital media industry to ensure greater compliance with local laws. Significant alterations we can see in the OTT platform like Netflix, Amazon Prime, Hotstar, and others.
For a long time, contents on these OTT platforms were mostly unregulated, allowing them to cater to varied sensibilities. Moreover, the content on the OTT platform has led to repeated controversies.
OTT platforms and their content creators continuously promoted awful languages, nudity, sex, violence by portraying criminal and violent behaviour with dangerous weapons.
This type of content created false beliefs, stories that portray the unpleasant appearance of India. Not only among its citizens but also in the world by using racism and use intoxicating substances. Such as liquor, smoking and tobacco as general items to brainwash youths of our country.
Significant permissions have been introduced for OTT platforms, such as certification of films and web series, and parental locks. OTT platforms and news portals are prescribed to make a 3-tier grievance redressal mechanism.
OTT Platform new rules and Regulations
The OTT providers are not allowed to release or show any prohibited content under any law. They have to consider the following factors before releasing or showing any content
- Content that affects the sovereignty and integrity of India.
- Content that threatens or endangers the security of the State.
- Content that is harmful to India’s friendly relations with foreign countries.
- Content that is likely to encourage violence or disturb the maintenance of public order.
OTT providers will take into account India’s multi-cultural and multi-religious context. Be cautious and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group.
Content Classification
The content may be classified based on.—
- Themes and messages;
- Violence
- Nudity;
- Sex;
- Language
- Drug and substance abuse
- Horror, as described earlier in the schedule, may be modified from time to time by the Ministry of Information & Broadcasting.
Ratings under the Rules: – U/A, U/A 7+, U/A 13+, U/A 16+, and A (Adult) are similar to the age-sensitive categorisations proposed by IAMAI (Internet and Mobile Association of India) under its self-regulatory code issued last year.
The publisher of content shall display the classification rating to each content and a content descriptor informing the user about the nature of the content. And while promoting in any print, television, and online media.
Online content with U/A 13+ or higher rating shall ensure that access control mechanisms, including parental locks, are made available for such content.
Provider shall implement an actual age verification mechanism according to the classification of content. After age verification of any individual, it can take all efforts to restrict content according to age. Ex – underage children
OTT platform Three-Tier grievance redressal
OTT platforms and news portals will have to formulate a powerful three-tier grievance redressal mechanism. The rules provide for two levels of self-regulation.
First, self-regulation by the platform through a grievance redressal officer.
Second, by an institutional self-regulatory body comprising industry experts and headed by a retired Supreme Court or High Court judge or other independent well-known personality in the relevant field.
Third, an inter-committee constituted by the government (Ministry of Information and Broadcasting (MIB) will inspect the third level. This committee will hear appeals arising from decisions taken at level two. And if the complaint is not solved or the decision is unsatisfactory, it will be referred to the committee.
Complaint Processing
Any person having any complaint regarding content may file a complaint on the grievance mechanism. The OTT provider shall generate and issue an acknowledgement of the complaint within twenty-four hours
The publisher shall address the grievance and inform the complainant of its decision within fifteen days of the complaint. However, If the complainant does not receive the decision within the fixed fifteen days, the grievance (complaint) shall go up to the level of the self–regulating body of which such publisher is a member.
In case the complainant is not satisfied with the publisher’s decision, it may prefer to appeal to the self-regulating body within fifteen days of receiving a decision.
Again, if the decision of the self-regulating body is not satisfactory, the complainant may prefer to appeal the Oversight Mechanism referred to in rule 13 for resolution.
Conclusion
A set of rules and regulations are a must for any online content, not only in India but also globally. People’s freedom is necessary but sensitive material should be controlled.