Note4Students
From UPSC perspective, the following things are important :
Prelims level: Laws governing OTT Ban
Mains level: Read the attached story
In the news
- The Information & Broadcasting Ministry has blocked 18 OTT platforms on the charge of publishing obscene and vulgar content.
How were these platforms banned?
- The contents listed on the OTT platforms was found to be prima facie violation of:
- Section 67 and 67A of the Information Technology Act, 2000;
- Section 292 of the Indian Penal Code; and
- Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
- These platforms were violative of the responsibility to not propagate obscenity, vulgarity and abuse under the guise of ‘creative expression’.
How are OTT Platforms regulated in India?
- Regulatory Framework: The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 introduce a Code of Ethics applicable to digital media entities and OTT platforms.
- Key Provisions: These guidelines encompass content categorization, parental controls, adherence to journalistic norms, and the establishment of a grievance redressal mechanism to address concerns.
[A] Content Regulations
- Age-Based Classification: OTT platforms like Netflix and Amazon Prime are mandated to classify their content into five age-based categories: U (universal), 7+, 13+, 16+, and A (adult).
- Parental Locks: Effective parental locks must be implemented for content classified as 13+, ensuring that parents can control access to age-inappropriate material.
- Age Verification: Robust age verification systems are required for accessing adult content, enhancing parental oversight and safeguarding minors from exposure to inappropriate material.
[B] Grievance Redressal Mechanism
- Three-Tier System: A comprehensive grievance redressal mechanism consisting of three tiers has been established:
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- Level-I: Publishers are encouraged to engage in self-regulation to address grievances and concerns internally.
- Level-II: A self-regulating body, headed by a retired judge from the Supreme Court or High Court or an eminent independent figure, will oversee complaints and ensure impartial resolution.
- Level-III: The Ministry of Information and Broadcasting will formulate an oversight mechanism and establish an inter-departmental committee tasked with addressing grievances. This body possesses the authority to censor and block content when necessary.
[C] Selective Banning of OTT Communication Services
- Parliamentary Notice: Concerns about the influence and impact of OTT communication services prompted a notice from a Parliamentary Standing Committee to the Department of Telecom (DoT).
- Scope of Discussion: This discussion focuses exclusively on OTT communication services such as WhatsApp, Signal, Meta (formerly Facebook), Google Meet, and Zoom, excluding content-based OTTs like Netflix or Amazon Prime.
- Regulatory Authority: Content regulation within OTT communication services falls under the jurisdiction of the Ministry of Information and Broadcasting (MIB), emphasizing the government’s commitment to ensuring responsible communication practices.
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