‘No teeth’: SC wants stricter OTT rules
NEW DELHI: A day after it sought “screening” of content on over the top (OTT) platforms, commenting that some even air pornography, the Supreme Court on Friday said that the central government’s recently notified redressal and regulatory mechanism for such companies “do not have teeth” and asked them to consider a legislation that could also provide for “prosecution”.
The court, while hearing a pre-arrest bail plea by Amazon Prime’s content chief Aparna Purohit (which it eventually granted) in connection with the ongoing investigation in Uttar Pradesh against the web series Tandav, used the words “screening”, “regulation” and “legislation” with reference to the content, leading to fears that it could mean not just the certification and grievance redressal envisaged in the government regulations, but even censorship.
“These rules do not have any teeth. They do not have any provision for prosecution, etc. These are just some guidelines. This is no satisfactory mechanism,” commented a bench of justices Ashok Bhushan and R Subhash Reddy after going through the new rules that were notified by the government on February 25.
The bench was emphatic in telling solicitor general Tushar Mehta, who was appearing for the government: “Without legislation, you cannot control it (content on OTT platforms). Your rules are only in the nature of guidelines. There are no effective guidelines on screening or taking action against those who do not comply with the guide
COURT ALSO GRANTED PROTECTION FROM ARREST TO AMAZON PRIME’S CONTENT CHIEF APARNA PUROHIT
lines.”
Mehta agreed with the court, saying: “No censorship, and selfregulation seem to be the idea behind the new regulations. But we can come up with a draft within two weeks on the suggestions that have come from the court. We are trying to balance everything. We can come up with something for the court’s consideration. This certainly needs examination.”
Giving two weeks to the government to come back with its response, the bench then formally recorded in its order that one of the issues that has caught its attention is “uncontrolled and unscreened viewing of films” on Amazon Prime Video and other OTT platforms.
“The rules do not list anything about the appropriate action to be taken against those who do not abide by the guidelines. Solicitor general says the government shall give further and appropriate consideration for any regulations or legislation to be brought and that shall be placed before the court,” stated the order.
Meanwhile, the bench also granted protection from arrest to Purohit in connection with the first information report lodged in Greater Noida on the condition that she would continue cooperating with the investigators in this case as well as in another one lodged at Lucknow.
Both FIRs were against the top Amazon Prime executive (and others associated with the show) for alleged derogatory depiction of Hindu deities and promoting religious enmity through the series. The scenes that caused offence have since been deleted, and the makers as well as the OTT company have apologised.
Purohit had to approach the SC after the Allahabad high court on February 25 declined to give her protection from arrest.