The Balancing Act: Regulating OTT Content in India

The recent controversy surrounding Anubhav Sinha’s Netflix series “IC 814: The Kandahar Hijack” has reignited the debate on regulating Over-the-Top (OTT) content in India. While the series sparked outrage over its portrayal of the terrorists and its perceived inaccuracies in the depiction of the hijacking incident, the wider issue of content censorship and its impact on freedom of expression continues to raise concerns.

This debate isn’t new. The advent of streaming platforms like Netflix, Amazon Prime Video, and Disney+ Hotstar has brought about a new wave of content that is often viewed as more daring, and potentially less aligned with traditional Indian values than content shown on television. The potential for these platforms to influence a large, young audience has amplified calls for tighter regulation of OTT content.

The Government’s Stand: A Tightrope Walk

The Indian government has adopted a two-pronged approach towards regulating OTT content. While acknowledging the need to balance free speech with societal values, it has implemented several measures aimed at ensuring responsible content creation.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

These rules, which came into effect in February 2021, have established a code of ethics for OTT platforms. This code mandates age-based classification of content, requiring platforms to ensure content deemed inappropriate for children is not accessible to them. Additionally, the code explicitly prohibits content that violates existing laws, including content deemed obscene, pornographic, or harmful to children.

Strong Action Taken Against Offending Content

In March 2024, the Ministry of Information and Broadcasting took decisive action, blocking 18 OTT platforms for violating the IT Rules by publishing obscene and vulgar content. These actions demonstrate the government’s willingness to enforce the existing regulations and hold platforms accountable for their content.

Balancing Freedom of Expression with Responsibility

While these regulations aim to curb content that may be detrimental to society, they have been met with concerns about censorship and potential limitations on creative expression. Proponents of unfettered artistic expression argue that content regulation could lead to self-censorship and hinder the creation of innovative and impactful storytelling. They believe that individuals should be allowed to engage with diverse perspectives and ideas, even those that may be controversial.

The argument for tighter regulations hinges on the potential impact of content on vulnerable populations, especially young viewers. Concerns over glorifying crime, promoting violence, and desensitizing viewers to sensitive issues are often voiced. There is a valid concern that certain content could negatively influence impressionable minds, potentially leading to undesirable consequences.

The Case of “IC 814: The Kandahar Hijack”

The recent outcry surrounding “IC 814: The Kandahar Hijack” serves as a prime example of the complexities in content regulation. The series, which has drawn criticism for its portrayal of the terrorists and its deviation from factual accounts of the event, has led the government to summon Netflix executives to explain the series’ content and intent.

This situation highlights the tension between providing a platform for diverse narratives and safeguarding historical accuracy, ensuring respectful portrayal of events, and avoiding potential misinformation.

A Continuing Dialogue: The Road Ahead

The ongoing debate surrounding OTT content regulation in India will continue to be a complex and evolving one. Striking a balance between promoting free expression, fostering responsible content creation, and protecting vulnerable populations requires careful consideration. The government’s role in this debate is critical, requiring transparency, clarity, and clear-cut guidelines that can be effectively implemented and enforced.

It is crucial for all stakeholders involved, including content creators, platforms, government bodies, and the public, to engage in constructive dialogue and work together to develop a framework that ensures both creative freedom and responsible content consumption.

Take Away Points

• The rise of OTT platforms in India has triggered a debate surrounding content regulation and its impact on freedom of expression.
• The government has implemented IT Rules, 2021, which lay down a code of ethics for OTT platforms and mandate age-based content classification.
• Concerns over the influence of OTT content on youth and the potential for promoting harmful ideas necessitate responsible content creation and appropriate regulation.
• Finding the right balance between fostering creative freedom and protecting society from harmful content requires careful consideration and ongoing dialogue.
• Open communication between the government, content creators, platforms, and the public is essential in developing a sustainable and effective framework for regulating OTT content in India.