OTT ( Over-the-Top): New Platform of Entertainment ✒ Salil Saroj e.mail id: [email protected] 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 The future of OTT seems to be full of promises as deterrent action to be taken against them. Courts people have accepted the new normal of enjoying have also taken the view that online content on at home itself rather than indulging in dangers OTT platforms would not fall under the ambit of imposed by CORONA. It is also a budget friendly the Cinematography Act, 1952 and have platform and it also provides options of watching frequently dismissed broad petitions seeking the things at your own convenience. It is expected censorship of online streaming services. In that the demand for original content will double November 2020, the Union Government amended by 2023 from 2019 levels to over 3,000 hours per the Government of India (Allocation of Business) year. Curated short video platforms are to garner Rules, 1961 to bring digital / online media under 25% of total time spent on online video viewing the purview of the Ministry of Information and by 2023. Share of regional language consumption Broadcasting (MIB) w.e.f. 9 November 2020. on OTT platforms is to cross 50% of total time Under the notification, digital / online media spent by 2025, easing past Hindi at 45%. Sports includes (a) films and audio-visual programs are to play an increasingly important role in made available by online content providers; and growing subscription revenues and this could lead (b) news and current affairs content on online to a growth in valuation of digital media rights. platforms. Pursuant to this notification online The proposed content code will require content providers have now been brought under implementation of processes for content curation, the jurisdiction of the MIB who will regulate this checks and monitoring controls. Content costs will space. Information Technology (Intermediary continue to increase as the overall quality Guidelines and Digital Media Ethics Codes) Rules, benchmark rises to address the needs of a more 2021: Notified under section 87 of Information aware audience, particularly across regional Technology Act, Part III of the Rules deals with the markets. Regulation of OTT Platforms and other code of ethics and procedure for digital news social media intermediaries Digital platforms in media and OTT platforms. The Intermediaries India have been unregulated, having no specific Rules have been made applicable to all publishers regulatory framework barring the provisions of of news and current affairs content (including OTT the IT Act that they are subject to. Through Platforms), as long as they have a physical several case laws and consultation papers and presence in India or conduct a systematic business self-regulation codes formulated in the recent activity by making their content available in past, several attempts have been made to India. The Intermediary Rules also prescribes for understand the need for and method of regulating code of ethics for all publishers of news and digital content. Attempts were made by OTT current affairs content (including OTT Platforms) players towards developing a more transparent which will be administered by MIB. system of self regulation. A TO Z INDIA ● SEPTEMBER 2021 ● PAGE 28