The phrase “over-the-top” refers to the idea of distributing material over top of already-built infrastructure without the use of specialised networks or oversight by established broadcasters or telecoms companies. Through the use of OTT platforms, customers may receive content directly from producers without going through the usual gatekeepers, giving them more control over what they want to watch. New regulations for the control of material on OTT platforms, social media platforms, and digital news media were unveiled by the Indian government in November 2020. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, mandate that digital platforms develop a complaint redressal process and self-regulate the content they supply. The implementation of OTT censorship legislation in India is a step in the right direction towards policing the content that is made available on digital platforms. Although there are worries about the prospect of censorship and self-censorship, the rules give users a way to express their concerns and much-needed clarity on what is expected of OTT platforms. It is now up to the platforms to put the rules into practise in a way that is just and open while also allowing for originality and creativity in the content they offer.

OTT Platforms: definition

An OTT platform, which stands for “Over-the-Top,” is a digital service that distributes audio, video, and other media material via the internet instead of using more conventional distribution channels like cable or satellite television providers. OTT platforms give customers on-demand access to a variety of content, enabling them to watch it whenever, wherever, and on different devices, including PCs, smart TVs, smartphones, and tablets.

Over-the-top platforms, or OTT platforms, include a variety of services, including communication platforms, streaming music, and video. For accessing digital material, these platforms include subscription-based or ad-supported models. OTT platforms, which offer personalised user experiences and on-demand content in contrast to traditional media, let users access content whenever they choose. Users are not constrained by geographic restrictions or set programming schedules. This versatility and flexibility have helped OTT platforms quickly spread and gain popularity across the globe.

Growth and popularity in India

India has seen a huge increase in the growth and popularity of OTT platforms in recent years. This trend has been influenced by a number of factors, including the broad availability of inexpensive internet access, rising smartphone usage, and a vast variety of material that caters to different audience interests. Here are some significant details demonstrating the expansion and appeal of OTT platforms in India:

1. Rapid Expansion: Internet connectivity in India has rapidly increased, particularly in urban regions and Tier 2 and Tier 3 cities. The number of people using the internet has expanded, giving OTT services access to a sizable user base.
2. Smartphone Revolution: OTT platforms have become very popular as a result of the extensive use of smartphones in India. Users may readily access OTT video while on the go thanks to reasonably priced smartphones and internet subscriptions.
3. Diversity in material: OTT platforms in India provide a large selection of material in a variety of genres, languages, and formats. There is something for every taste, including regional and Bollywood movies, web series, documentaries, and original programming.
4. Language Options: By offering material in a variety of regional languages, OTT platforms have catered to India’s linguistic diversity. This has made it possible for them to contact users who speak other regional languages in addition to Hindi. Cost-effectiveness: OTT platforms provide affordable solutions with a range of subscription plans to pick from, as opposed to traditional cable or satellite TV subscriptions. Users may choose the material they want and only pay for what they really consume.
5. User Experience and Personalization: OTT platforms use algorithms and recommendation engines to make content suggestions that are tailored to the preferences and viewing habits of the user. This improves user experience and maintains viewers’ interest.
6. Social Media Influence: Social media websites have been quite helpful in spreading the word about and generating interest in OTT content. Social media debates and word-of-mouth recommendations have aided in stoking interest and increasing viewing.
7. Original Content and Exclusives: OTT platforms have made significant investments in creating original content and obtaining exclusive rights to well-known television programmes and motion pictures. This has drawn people looking for unique and interesting content that might not be offered by conventional media.
8. Convenience and Flexibility: Since OTT services are on-demand, consumers may view their preferred TV shows and films whenever it is most convenient for them. Many users favour OTT platforms because they may pause, continue, or binge-watch content on them.
9. Market competition among OTT platforms in India has led to constant innovation and improvement in terms of content quality, user experience, and pricing methods. This has contributed to their popularity and expansion.[1]

Legal framework

The Information Technology Act of 2000 (IT Act) is a comprehensive piece of legislation that regulates numerous facets of digital communications and activities. OTT platforms are given some safe harbour protections because they are deemed intermediates under Section 79 of the IT Act. This implies that while they are not responsible for any content posted by third parties, they are nevertheless obligated to follow certain rules, like removing or blocking access to illegal content immediately after being notified of it.

1. The Central Government is given the authority to accredit and control films for public screening in India under the Cinematograph Act, 1952. This statute now covers OTT platforms, and some of its rules apply to films and other content that is streamed on these channels. The necessity to revise the laws to take into account the unique characteristics of online streaming platforms, however, has been the subject of ongoing controversy.[2]

1. A 1995 law called the Cable Television Networks (Regulation) Act[3]: Cable television services are principally governed by the Cable Television Networks (Regulation) Act 1995 (CTN Act). There have been discussions, though, about whether the CTN Act should be expanded to include OTT platforms in its regulatory scope. At the moment, the CTN Act does not specifically address OTT platforms, although there have been talks regarding the necessity for a unique regulatory framework for these platforms.

1. The Press Council Act of 1978: In India, the Press Council Act of 1978 governs the behaviour of the print media and the upkeep of newspaper and news agency standards. Although they might also offer news content, OTT platforms are not specifically covered by this statute. The legislation has drawn criticism for its shortcomings in addressing the digital media ecosystem, and discussions regarding the need for thorough regulations for OTT platforms and other digital news platforms are still ongoing.[4]

1. Digital media ethics code and intermediary guidelines for information technology, 2021: The Government of India proposed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021[5] to govern intermediates, including OTT platforms and social media intermediaries. These regulations place OTT platforms under a number of requirements, including the selection of a Chief Compliance Officer, the establishment of grievance procedures, and adherence to a code of ethics and self-regulation.[6]

Jurisdictional challenges in a globalized content landscape in the OTT platforms.

Due to the internet’s worldwide reach and the varied legal systems in many nations, jurisdictional issues arise in the context of OTT platforms’ globalised content markets. Here are some of the main jurisdictional issues this situation involves:

1. Legal variations: The legal systems, rules, and cultural norms governing content differ considerably across nations. What might be regarded as acceptable or legal in one country might be insulting or illegal in another. To ensure compliance with local regulations and provide a uniform user experience across multiple areas, OTT platforms must overcome these legal variances.
2. Accessibility of Cross-Border Content: OTT platforms frequently offer content that may be viewed internationally. Nevertheless, local laws or censorship practises in particular jurisdictions may restrict or outlaw the use of some content. The implementation of region-specific limitations and managing content accessibility across borders provide difficulties for maintaining compliance and delivering a smooth user experience.
3. Content Regulation and Compliance: Due to the fact that customers from several nations utilise the same platform, OTT providers must understand and abide by a variety of content regulations. They must manage the intricate legal constraints surrounding copyright infringement, hate speech, defamation, and censorship. It is a difficult challenge to comply with these standards while maintaining a reliable global service.

1. Data Protection and Privacy: Different jurisdictions have different data protection and privacy legislation. OTT platforms must abide by each nation’s laws governing the collection, storage, and transfer of data. Operating OTT platforms becomes more difficult when different regulatory standards must be met while also ensuring data security and privacy globally.

• Regulation Enforcement: It can be difficult to enforce laws and court rulings across international boundaries. Determining which country’s laws apply in a jurisdictional issue and enforcing compliance can be difficult. It is challenging to impose sanctions or pursue legal action against non-compliant platforms or people operating in other jurisdictions due to different legal systems and procedures.[7]

• International Cooperation and Standardisation: To address jurisdictional issues, standardisation and international cooperation are needed. To navigate the terrain of globalised material on OTT platforms, governments, industry players, and international organisations must work together to define common frameworks, standards, and norms[8].

Role of regulatory

The administration of the operations and content of OTT platforms in India is handled by a number of regulatory agencies. It is crucial to remember that India’s existing OTT platform regulatory environment combines self-regulation with no government control. The main regulatory authorities and their restrictions are listed below:

1. The Ministry of Information and Broadcasting (MIB) is in charge of developing and carrying out regulations pertaining to the media and broadcasting in India. Although the MIB has legal control over traditional media like television and films, its control over OTT platforms is still unclear. Although conversations regarding subjecting OTT platforms to the MIB’s oversight have taken place, no precise regulatory framework has been put into place to date.
2. The Internet and Mobile Association of India (IAMAI) created the Digital Content concerns Council (DCCC) as a self-regulatory body to handle consumer concerns about digital content, particularly OTT platforms. The DCCC offers a forum for people to report objectionable content, and it has the power to urge the relevant platforms to take appropriate action. However, neither its judgements nor the recommendations it makes are required to be followed.
3. Advertising Standards Council of India (ASCI): The ASCI serves as the self-regulatory body for the Indian advertising sector. Despite not being unique to OTT platforms, the ASCI has some influence over how advertisements are handled on them. It oversees and guarantees adherence to advertising standards and norms, although the scope of its authority is restricted to advertising content and does not include all of the content available on OTT platforms.
4. The primary area that the Telecom Regulatory Authority of India (TRAI) supervises is the telecommunications industry. TRAI has provided suggestions and consultations on OTT-related topics like net neutrality, data privacy, and pricing even though it does not directly regulate OTT platforms. Its primary function is advisory in nature, and it lacks the authority to impose rules on OTT platforms.

Limitations of the regulatory bodies:

Lack of Specific Regulations: Indian OTT platforms are not subject to a thorough and detailed regulatory framework, which presents difficulties for regulatory organisations. Because they were created largely for traditional media, the laws and regulations now in place may not sufficiently handle the special characteristics of digital content and OTT platforms.

1. OTT platforms operate in a globalised digital environment, making it difficult to police laws and manage issues with cross-border content. For regulatory organisations, determining jurisdiction and governing content that is created outside of India is a difficult task.
2. Self-Regulation and Compliance: The DCCC and other industry organisations’ dependence on self-regulation raises questions about the efficiency and openness of the regulatory process. Stronger measures are required to ensure accountability and adherence because self-regulatory rules and guidelines are voluntary.
3. Technical restrictions: It is challenging for regulatory agencies to efficiently monitor and regulate content due to the large amount of content and the dynamic nature of digital platforms. The usage of user-generated content, encryption, and algorithms makes it more difficult to enforce laws.
4. Regulating content on OTT platforms demands striking a careful balance between preserving freedom of expression and taking care of issues linked to cultural, religious, and moral sensitivities. For regulatory agencies, finding the ideal balance presents major difficulties[9].

Public perception of OTT content

1. Freedom of Expression: Many people and institutions see OTT platforms as a platform that promotes artistic freedom and a variety of content. They contend that the lack of stringent standards permits the investigation of specialised and unusual topics that may be difficult for regular media to cover. People who support freedom of speech frequently call for little censorship and interference with the content that is available on OTT platforms.
2. Standards for Content: On the other side, some groups in society have expressed concerns about the type of content that is available on OTT platforms. Some people and organisations bring up concerns about violence, inappropriate or explicit content, religious feelings, and cultural portrayal. These worries may be motivated by moral, religious, or cultural sensitivity and may necessitate more stringent legislation to guarantee the creation of ethical and responsible material.
3. Influence on Society: Public conversations and debates may result from how social concerns, gender roles, and violence are portrayed in OTT content. Many people are concerned about the impact of OTT content on society values and behaviour, especially when it comes to content geared towards younger viewers.
4. Parental Control and Family Viewing: The general public also emphasises the significance of parental control and the function that families play in observing and regulating the use of OTT platforms for the consumption of material.
5. Need for Transparency and Accountability: OTT platforms’ operations and content moderation procedures are under increasing pressure to be more open and accountable. Public perception frequently emphasises the necessity for precise norms, approachable complaint systems, and an open procedure for handling issues involving offensive or dangerous content. Expectations include prompt and effective action against content that transgresses moral or legal bounds.
6. Role of Self-Regulation: Support for industry-led self-regulatory structures that can address content-related issues is frequently reflected in public opinion. Public criticism and discussion surround the efficacy and legitimacy of self-regulatory organisations like the Digital Content Complaints Council. Strong and independent self-regulatory procedures are needed in order to achieve a balance between artistic freedom and responsible content regulation.[10]

Technological solutions for moderation of content on OTT platforms

A safe and user-friendly environment must be maintained at all times on OTT (Over-the-Top) platforms that offer video content over the internet. The procedure of content filtering is greatly improved and automated thanks to technological solutions. OTT platforms frequently employ the following technological methods for content moderation:

1. Artificial intelligence (AI) and machine learning: AI and machine learning models can be trained to recognise and weed out potentially offensive or hazardous content. To detect things like hate speech, violence, nudity, or copyright infringement, these systems can analyse audio, video, and text information.
2. Advanced image and video recognition algorithms are capable of automatically scanning and analysing visual content for offensive or hazardous aspects. This includes looking for explicit material, violence, violent imagery, or nudity.
3. Natural Language Processing (NLP): NLP algorithms can examine text-based information, such as comments, descriptions, and subtitles, to detect and weed out offensive or hateful language, spam, or other stuff that should not be displayed.
4. OTT platforms frequently offer reporting and flagging features that allow users to report potentially harmful content. These user reports can be processed and prioritised using technological methods, ensuring that the reported content is dealt with quickly.
5. Profanity filters: Profanity filters automatically identify and filter out objectionable or unsuitable words from content using predefined word lists or machine learning models. User-submitted comments, subtitles, and metadata can all be subjected to these filters.
6. Content Recognition and Hashing: Copyrighted or pirated content can be identified and tracked using content recognition techniques like digital fingerprinting or hashing. This lessens the likelihood of unlawfully distributing copyrighted content on the platform.
7. Platforms can spot suspicious or abusive behaviour by analysing user behaviour patterns, such as viewing histories, interactions, or engagement metrics. This can help in flagging and filtering content from people that consistently disregard the rules of the community.
8. User-Generated Content Scanning: Before user-generated content is published or made available to others, OTT platforms can use automated scanning systems to review it. This proactive strategy assists in identifying and stopping the spread of offensive or harmful content.
9. Metadata connected with material, such as titles, descriptions, tags, and categories, can be examined to find information that may be problematic or deceptive. This aids in identifying or filtering items that might transgress community standards or deceive users.

While technical solutions are necessary for content moderation on OTT platforms, it’s important to remember that these solutions are frequently accompanied by human moderators who render decisions on flagged content and manage complex situations that call for contextual awareness and judgement.

Conclusion

This article’s conclusion underlines the issues involved in content filtering on OTT platforms as well as the changing regulatory environment. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, which will come into effect in 2021, have paved the way for more censorship and regulation of the digital media industry.

In order to ensure responsible content transmission while balancing freedom of expression and cultural sensitivities, it explores the significance of content classification, self-regulation, and industry standards. It emphasises how important it is for OTT platforms to follow the rules, put in place effective grievance procedures, and designate employees to monitor compliance. However, there are still issues with choosing the correct content categories, dealing with regional differences in cultural sensitivities, and successfully enforcing compliance. Overall, the article clarifies the difficulties and future prospects of OTT censorship regulations in India.

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[1] Moral Policing of OTT Platforms Is Only the Latest Episode in India’s Saga of Censorship- the wire

[2] Cinematography • The , Act

[3] THE CABLE TELEVISION NETWORKS RULES, 1994

[4] The Press Council Act, 1978

[5] Curbing ‘creative’ liberty, Centre to regulate OTT content under Digital India Act- ET government.com

[6] Information Technology Act 

[7] OTT platforms should be subjected to self-regulatory standards: Former BARC CEO- Brand Equity.com

[8] OTT platform censorship: It’s a necessary evil. (the Sunday guardian)

[9] Towards transparency in OTT regulation- THE HINDU

[10] Govt. to ensure strict action against obscenity and abuse on OTT content: IB Min Anurag Thakur. (The economic times)

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Author: Bhupali Dubey

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