Code of ethics for over-the-top (OTT) platforms such as Netflix and other digital media firms are being considered by the government. The code is likely to mandate intermediaries and online curated content companies to exercise “due caution and discretion” while airing content that may impact India’s sovereignty and integrity, threaten or jeopardise the state’s security and be detrimental to the country’s foreign relations.
As per the new proposed rules, Social media companies and streaming service providers will come in the effect of a three-tier regulatory framework, covering companies such as Facebook and OTT platforms. In a 30 page document, the government has set out rules and framework for monitoring both sets of companies, which remain unregulated, but some provisions of the Information Technology Act apply to them, reports HT. In the document, titled Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, the government cites powers provided to it under section 87 of the Information Technology Act, 2000. This section allows the government to make rules to carry out the provisions of the law by notification in the Official Gazette and in the Electronic Gazette.
To direct the online content, the government is considering extending existing legislation such as the Cable Table Television Networks Regulation Act, Press Council Act, and other relevant laws, which so far have only applied to traditional media such as newspapers and television. Regulating and code of ethics may lead to censorship, critics have fear.
According to the code, OTT platforms will be required to improve the accessibility of content for disabled people and also mandatory classification of content for online curated content platforms, which until this time was not obligatory, including a universal rating (U), U/A seven-plus, U/A thirteen plus, U/A sixteen plus and Adult, for people over 18. The classifications have to be noticeable, officials said.
OTT platforms have to enable access control mechanisms like parental locks, for contents that are for people above 13 years of age, along with having reliable age mechanism regulation. The content will also have to be sorted according to the theme, content, tone, target audience and impact. Example those that include drug misuse, violence, paedophilia, sex, racial or communal hatred.
The probable offensive influence of films on elements like caste, race, gender, religion, disability, or sexuality will have been taken into account by the platforms. Ratings will be allotted depending on how sensitively the content has been portrayed, while the glamorous depiction of drug use, violence, alcohol, or tobacco is also likely to be judged more sternly. Nudity not to be permitted for contents under U/A sixteen. There will also be fear, threat, and horror classification for younger audiences.
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The three-tier regulatory systems
The three-tier self-regulation system will be introduced to guarantee compliance with the code. TV regulation also has a similar regulatory system, but it is not formally established.
- In the first tier, the self-regulating system will direct the platforms to set a grievance redressal mechanism and details of the grievance redressal officer have to be prominently displayed.
- In the second tier or the self-regulatory body, will be commanded by an ex-supreme court or high court judge, who will hear the appeal of a person, who believes his/her complaint has not been duly addressed.
- In the third tier or the oversight mechanism by the government, will form an inter-ministerial panel to assure adherence to the code and will be the apex of the regulatory framework and have representatives from the ministries of information technology, information and broadcasting, home, law, external affairs, defence, and women and child development.
If any content violates the code or regulation, the board will have the authority to block the content and also take up a suo motu cognisance of an issue.