Today, On 18th October, The Supreme Court dismissed a petition that sought the establishment of a regulatory board to oversee and manage content on OTT platforms. The plea called for stricter regulations to monitor online streaming services. However, the court did not find sufficient grounds to warrant such a board. This decision leaves existing self-regulatory frameworks for OTT platforms in place.
New Delhi: The Supreme Court on Friday dismissed a Public Interest Litigation (PIL) seeking the establishment of a regulatory board to monitor and manage over-the-top (OTT) streaming platforms in India.
A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra remarked,
“This is the problem of PILs. They are all on policy now, and we miss our genuine PILs.”
The petition argued that OTT platforms are not subject to the same checks and balances as traditional media like films and television.
Advocate Shashank Shekhar Jha, who filed the plea, stated,
“Unlike films shown in theatres, OTT content doesn’t go through a certification process before release, leading to an increase in explicit scenes, violence, substance abuse, and other harmful content, often without proper warnings.”
The petition also highlighted that while the Union of India and the Ministry of Information and Broadcasting introduced IT Rules 2021 to enable self-regulation of OTT platforms, these measures have been largely ineffective.
Advocate Shashank Shekhar Jha, who filed the petition, argued that,
“These platforms continue to exploit loopholes, allowing controversial content to be broadcast unchecked, which has national security implications and promotes activities like gambling and drug use.”
He emphasized that the goal of the petition is to prevent harm before it occurs by ensuring there is a regulatory body in place to oversee content before it reaches the public, similar to the system already in place for movies and television.
The petition claimed that OTT platforms have become tools for promoting prohibited substances, such as gambling, liquor, drugs, and smoking, by exploiting regulatory gaps. It further raised concerns about the lack of a governing law or autonomous body overseeing digital content, leaving it largely unfiltered and unscreened for the public.
Jha sought the establishment of a proper board or institution for the monitoring and management of content on OTT and other digital platforms, stating,
“OTT platforms have certainly provided filmmakers and artists an outlet to release content without needing clearance certificates from the censor board.”
He also requested that the Central government create an autonomous body led by a senior IAS officer, with members from various sectors such as cinema, media, defense, law, and education, to regulate digital content.
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The petition also highlighted the disparity between traditional media, such as cinemas and television, and digital streaming services.
The petition argued,
“While traditional media is subjected to stringent regulations, OTT platforms operate in a largely unregulated environment, allowing them to bypass content restrictions that are mandatory for other media. This lack of regulatory parity is arbitrary and unjustifiable,”
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