SC asks Centre to frame new law to regulate content on OTT platforms

KEY STORY

• The Supreme Court has asked the Centre to consider framing a law to regulate content on OTT (Over-the-top) platforms and submit a copy of the draft legislation for the top court’s consideration after 2 weeks.

• Appearing for the Centre, Solicitor General Tushar Mehta assured the court that fresh legislation for OTT platforms is under consideration.

• The apex court held that the Union Government’s February 5 notification on IT intermediary rules and other guidelines to regulate social media and OTT platforms lack “teeth” as they don’t allow pre-screening of content or have a provision to prosecute violators.

• While the court observed that uncontrolled viewing of content on OTT platforms was an issue, Amazon Prime’s counsel, senior lawyer Mukul Rohatgi objected to the court’s observation on porn being shown on the platform. Rohatgi submitted: “I can show you 10 thousand movies on OTT platforms, there is no porn. Great movies are shown.” Yesterday, the top court had stressed a need for pre-screening of content on OTT platforms due to the presence of pornographic material.

   

• The top court also protected Amazon Prime Head Aparna Purohit from arrest in connection with the criminal cases filed against the web series “Tandav”.

• However, she has been asked to cooperate in the investigation being carried out in multiple states. On January 27, the Supreme Court had refused to quash multiple FIRs against makers and actors of the web series.

• While the top court had asked states to reply to the request by actors to club FIRs, they were asked to move respective High Courts and trial courts to secure bail in individual cases.

CONCLUSION

• In February, the Centre had framed several rules to make social media and OTT platforms accountable for the content they carried. The new rules mandated a three-tier regulation mechanism for OTT platforms, which were asked to self-classify their content into various categories based on age suitability.

• Centre had proposed an oversight and grievance redressal mechanism and while indicating that a body headed by a retired judge may also be a way ahead.