OTT ( Over-the-top): New Platform of Entertainment

Courts have taken the view that though there is no specific regulation of OTT platforms in India, if OTT platforms carry any information or material which is not permissible under the law, then the provisions of the IT Act would come into play for deterrent action to be taken against them. Courts have also taken the view that online content on OTT platforms would not fall under the ambit of the Cinematography Act, 1952 and have frequently dismissed broad petitions seeking censorship of online streaming services. In November 2020, the Union Government amended the Government of India (Allocation of Business) Rules, 1961 to bring digital / online media under the purview of the Ministry of Information and Broadcasting (MIB) w.e.f. 9 November 2020. Under the notification, digital / online media includes (a) films and audio-visual programs made available by online content providers; and (b) news and current affairs content on online platforms. Pursuant to this notification online content providers have now been brought under the jurisdiction of the MIB who will regulate this space. Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021: Notified under section 87 of Information Technology Act, Part III of the Rules deals with the code of ethics and procedure for digital news media and OTT platforms. The Intermediaries Rules have been made applicable to all publishers of news and current affairs content (including OTT Platforms), as long as they have a physical presence in India or conduct a systematic business activity by making their content available in India. The Intermediary Rules also prescribes for code of ethics for all publishers of news and current affairs content (including OTT Platforms) which will be administered by MIB. The future of OTT seems to be full of promises as people have accepted the new normal of enjoying at home itself rather than indulging in dangers imposed by CORONA. It is also a budget friendly platform and it also provides options of watching the things at your own convenience. It is expected that the demand for original content will double by 2023 from 2019 levels to over 3,000 hours per year. Curated short video platforms are to garner 25% of total time spent on online video viewing by 2023. Share of regional language consumption on OTT platforms is to cross 50% of total time spent by 2025, easing past Hindi at 45%. Sports are to play an increasingly important role in growing subscription revenues and this could lead to a growth in valuation of digital media rights.

The proposed content code will require implementation of processes for content curation, checks and monitoring controls. Content costs will continue to increase as the overall quality benchmark rises to address the needs of a more aware audience, particularly across regional markets. Regulation of OTT Platforms and other social media intermediaries Digital platforms in India have been unregulated, having no specific regulatory framework barring the provisions of the IT Act that they are subject to. Through several case laws and consultation papers and self-regulation codes formulated in the recent past, several attempts have been made to understand the need for and method of regulating digital content. Attempts were made by OTT players towards developing a more transparent system of self regulation.