Parliamentary Panel to discuss OTT content with industry bodies

The Parliamentary Standing Committee on Communications and Information Technology has invited industry bodies, including the Indian Motion Picture Producers’ Association and the America’s Motion Picture Association, which has an office in India, to present their views on the issue of over-the-top (OTT) content on December 20.

The committee, chaired by Lok Sabha member Nishikant Dubey, will deliberate on the topic, “Emergence of OTT Platforms and Related Issues,” with representatives from these associations.

This development follows Information and Broadcasting Minister Ashwini Vaishnaw’s request for the parliamentary standing committee to take up the issue of strengthening existing laws governing social media and OTT platforms on a priority basis.

Dubey emphasised the increasing concerns about OTT content, particularly regarding obscenity and vulgarity. “We have scheduled a meeting with industry stakeholders on December 20 to address OTT-related issues. The I&B Minister himself stated in the Lok Sabha that the IT committee should prioritise this matter. OTT platforms often feature content that raises issues such as the portrayal of women, obscenity, and vulgarity, making it unsuitable for family viewing,” he said.

Last month in the Lok Sabha, Vaishnaw highlighted the urgency of strengthening existing laws to address challenges posed by social media and OTT platforms. He stressed the need for a societal consensus and stricter regulations, given the stark cultural differences between India and the regions where these OTT platforms originated in a reference to Netflix and Prime Video.

Apart from obscenity, some web series have sparked government concerns over alleged inaccurate portrayal. For instance, Netflix’s series IC-814—The Kandahar Hijack, which dramatises the 1999 Indian Airlines hijacking, faced criticism for alleged inaccuracies, including altered names of the hijackers. Subsequently, Netflix agreed to update the disclaimer, clarifying the real and code names of the hijackers.A government official, speaking on condition of anonymity, had told ET that if foreign streaming platforms continue such practices, the MIB will be compelled to implement stricter content regulations for OTT platforms, potentially including pre-certification requirements.Amid the controversies over OTT content, industry bodies like the Indian Digital Media Industry Foundation (IDMIF) and the Internet and Mobile Association of India (IAMAI) have advocated for retaining self-regulation under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

IDMIF, an OTT self-regulatory body under the Indian Broadcasting and Digital Foundation (IBDF), maintains that the current self-regulatory framework effectively addresses content issues and grievance redressal mechanisms.

In their comments on the draft Broadcast Bill 2023, IBDF and IAMAI emphasised that platform-level self-regulation, overseen by an industry body, balances creative freedom and adherence to constitutional limitations. The industry bodies had also urged the ministry to keep OTT outside the ambit of the proposed since they are already complying with the IT Rules 2021.

In August 2023, IDMIF and IAMAI informed the MIB that their OTT members are complying with IT Rules even before releasing content. Both organisations assured the ministry that OCCPs rigorously ensure content adheres to the IT Rules’ Code of Ethics, avoiding content harmful to India’s sovereignty, security, public order, or international relations. Additionally, OCCPs are mindful of India’s diversity and exercise caution in portraying racial or religious groups, they noted.