Today(10th Sept), A PIL was filed in the Supreme Court calling for the creation of an autonomous body to monitor and filter content on OTT platforms and other digital media services in India. Advocates Shashank Shekhar Jha and Apurva Arhatia seek a regulatory framework for overseeing such content.
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NEW DELHI: Today(10th Sept), A Public Interest Litigation (PIL) was filed in the Supreme Court calling for the establishment of an autonomous body to “monitor and filter” content on over-the-top (OTT) platforms and other digital media services in India. The petition, filed by advocates Shashank Shekhar Jha and Apurva Arhatia, urged the creation of a regulatory framework to oversee content distributed through these platforms.
Need for Regulation: Case of Netflix Series IC 814
The PIL notably highlighted the Netflix series IC 814: The Kandahar Hijack as a case in point to stress the importance of such regulation. The petitioners argued that the show, which claimed to be based on real-life events, was a “vile attempt to rewrite history” and downplayed the terror inflicted by the actual hijackers.
“However, the series appears to be a disturbing attempt to rewrite history, minimize the terror inflicted by the actual hijackers, and subtly glorify their actions.”
-the petitioners contended.
They further stated-
“By diminishing the tragedy of IC 814 to a farcical narrative, the series attempted to advance an insidious agenda to whitewash the brutality of terrorism and vilify the Hindu community.”
The PIL emphasized that such a portrayal distorts historical facts and raises concerns about the unchecked nature of content on digital platforms, which often sidesteps traditional regulatory mechanisms, like those that govern cinema.
Lack of Regulation on OTT Platforms
The petition pointed out that while the Central Board of Film Certification (CBFC) exists to regulate the public exhibition of films under the Cinematograph Act, no such statutory body exists to oversee the content available on OTT platforms. The CBFC mandates a rigorous certification process for films displayed in public venues, ensuring that they adhere to the standards of public decency, morality, and national security.
However, in contrast, OTT platforms operate under a much looser framework.
“No body exists to monitor or regulate OTT content, which is only governed by self-regulation that is often not properly enforced.”
-the PIL noted.
The petition argued that controversial content is being shown to the public without sufficient checks and balances.
The Petition’s Recommendations for an Autonomous Body
To remedy this gap, the petitioners have requested that the Supreme Court direct the Centre to establish an autonomous body called the “Central Board for Regulation and Monitoring of Online Video Contents.” The proposed body would be responsible for filtering and regulating the videos available on various OTT platforms in India.
According to the petition, this board should be chaired by a secretary-level IAS officer and include members from various sectors, including the film industry, cinematography, media, the defense forces, legal professions, and academia. The body would ensure that content distributed through OTT platforms aligns with Indian legal and cultural standards.
Violation of Fundamental Rights
The petitioners also argued that the lack of regulation infringes on several fundamental rights under the Indian Constitution.
“The issue involves the abuse of fundamental rights, including equality (Article 14) and freedom of expression (Article 19), which infringes on the right to life (Article 21) and violates Article 47, which mandates the state to improve public health and prohibit the consumption of harmful intoxicants.”
-the petition stated.
The PIL expressed concerns that the unregulated nature of OTT content could have far-reaching consequences, especially in terms of social and cultural values. OTT platforms, as per the plea, offer filmmakers and artists a way to bypass the regulatory clearance usually required by the CBFC for movies and web series released in theaters.
Ineffectiveness of IT Rules 2021
The petitioners also pointed out the ineffectiveness of the IT Rules 2021, introduced by the Ministry of Information and Broadcasting (MIB) to address the regulation of OTT platforms.
“The Union of India and the Ministry of Information and Broadcasting (MIB) introduced the IT Rules 2021 for self-regulating OTT platforms, but these measures have proven inefficient.”
-the petition observed.
It argued that OTT platforms are failing to comply with these rules, and unregulated portals continue to release content without proper moderation.
“These unregulated portals are publishing content without moderation, allowing common people in India to access it from their homes, which could lead to various problems in the future.”
-the petition added.
The PIL further highlighted that over 40 OTT and video streaming platforms operate in India, offering “paid, ad-inclusive, and free content” to citizens. The petition expressed concerns that these platforms were abusing the right to freedom of expression granted under Article 19 of the Indian Constitution, showing content without any legal or moral filters.
