Author: Anjir Solanki, Devi Ahilya Vishwavidyalaya, Indore
TO THE POINT
The scope of over-the-top (OTT) platforms in India has a conflicting interplay between freedom of speech and regulatory actions by the government, unlike traditional content, which was unregulated, raising questions on obscenity, misinformation, and cultural sensitivity. The IT rules 2021 introduced a three tier grievance redressal, with tier 1 with a resident grievance officer who must solve complaints in 15 days, if high sensitive content then removal within 24 hours, tier 2 consist of self-regulatory bodies (SRB) at industry level which oversee the code of ethics and problems unresolved at tier That involved executive control, tier 3, which involves the govt, i.e. Ministry of Information & Broadcasting (MIB) and Electronics and Information Technology (Meity), and their ability of Suo moto. The OTT platforms are supposed to have certifications and age-based content classification, such as Universal (U), U/A 7+, U/A 13+, U/A 16+, and Adult (A). The platform must also display age ratings and advisories such as violence, adult, and language at the beginning of each program, especially protecting minors from inappropriate content; violating this may result in penalties, including fines or bans. However, it has sparked a heated debate- is it necessary to regulate and have greater government control, or does it restrict artistic freedom or freedom of speech under Article 19?
ABSTRACT
This article talks about digital censorship regarding OTT platforms with the evolution of content regulation governed by the IT Rules 2021, along with the IT Act 2000 and the involvement of the Ministry of Information and Broadcasting (MIB) with the three-tier grievance redressal mechanism. It further analyses the impact on content creators and streaming services, the tension between Article 19 and reasonable restrictions under the Indian Constitution. Real-world controversies revolve around the essence of the debate with relevant case laws. Understanding the legal terminologies and summarising the evolving content creation with the influence of both factors, i.e., the executive and freedom, also addressing the commonly asked questions regarding the topic.
LEGAL JARGONS
OTT (over-the-top platforms) – online entertainment services that can be directly accessed by the user through the internet, either by subscription or available on platforms through broadcast or cable, including streaming media, communication services, and audio content. Examples like Netflix, JioHotstar, Amazon Prime Video, YouTube, and Zee5 come under this.
IT Rules 2021- regulates the OTT content, which has a three-tier redressal system, self-regulation by platforms, classifies content such as U, U/A 7+, U/A 13+, U/A 16+, and A, age verification for mature content, and parental controls.
Appointment of officers, such as a grievance officer or chief compliance officer, and a grievance redressal committee (GAC) by the government to handle complaints. It was made to ensure accountability for the intermediaries violating public integrity; however, it threatens freedom of speech as it lacks judicial insight.
IT Act 2000- Section 69A- the government or any authority has the power to block public access to any computer resource for reasonable restrictions with a procedure prescribed, and if the intermediary fails to do so, will pay a fine and imprisonment up to 7 years.
Section 67- it punishes the person who transmits or publishes obscene material that people may likely get corrupted by reading, hearing or see it if they are convicted for the first time, then 3 years imprisonment and a fine of up to 5 lakhs, and if second time, then 5 years imprisonment and 10 lakhs fine.
Section 67A- it punishes the person who transmits or publishes sexual or explicit content, which tends to protect especially minors. If convicted earlier than imprisonment can extend to 5 years and a fine of up to 10 lakhs, if second time, then imprisonment can increase to 7 years and a fine of up to 10 lakhs.
Article 19- is the fundamental right to speech and expression to all citizens, but opposed to reasonable restrictions in 19(2), which can be allowed on sovereignty and integrity of the nation, public order to maintain peace, decency or morality to uphold social standards of appropriate behaviour, contempt of court, defamation, hate speech such as hatred against a religion, caste, ethnicity etc.
Obscenity- a content that is considered lewd, against morals, modesty, or decency. Legally, it means that it can corrupt individuals who are exposed to it, which is judged on the overall context, not clippings.
Digital censorship- control of online content by the government, authorities, which involves both central and state governments, such as Domain Name System (DNS) filtering, potential ban, removal of content, or even banning websites/ apps that help to protect the masses and ensure creators follow civic guidelines.
Pre-censorship- a process where content is reviewed and approved by an authority beforehand of its release where unlike traditional films, OTT content generally does not go through this process.
PROOF
Digital censorship stance in India
Digital censorship is the regulation, removal or banning of online content by the government or the intermediaries such as takedown of political satire, web series or news on grounds public order, child safety, national security governed by the IT act section 69A which allows the govt to do so but it is subjected to violating freedom of speech that is viewed as arbitrary or lacking transparency as it doesn’t necessarily need a court order and sometimes the content is deleted without the creator’s knowledge. The government does this through DNS (Domain Name System) filtering, which involves blocking access to specific websites and suggesting usage, such as parental control settings, pop-up warnings, and community guidelines, that guide users towards a protected digital world. Although this may seem necessary to protect and maintain public safety but it shouldn’t restrict the truth, artistic freedom.
OTT restriction
As the OTT market is expanding, having made ₹37,940 crore according to exchange4media as a polypoly market with many competitors, such as live streaming of sports like IPL on Hotstar and the automatic subscription if you have a SIM of the same company, like Airtel and Jio. Why it’s a hot issue is because the absence of prior censorship unlike movies which are approved by the Central Board of Film Certification (CBFC) that led to supply of obscenity, misinformation, easy access to adult content by kids and maybe hurting religious sentiments that called for regulation on reasonable restrictions such as religious sensitivity involved the IC 814: the Kandahar hijack, Padmavaat, Tandav controversy; political issues and decency- Mirzapur, Sacred Games, Paatal Lok, the Latent Show, AIB; public order- ban on TikTok and other Chinese apps etc. However raised a question on legitimate content, which will restrict future creators due to backlash and innovative content.
CASE LAWS
K. A. Abbas vs The Union Of India & Anr (1970)- a film by the petitioner “A Tale of Four Cities,” was challenged for pre-censorship, but the Supreme Court reasoned that reasonable restrictions can exist to promote decency and public order, but there must be clear guidelines for transparency and arbitrary actions, and maintaining a balance, but the OTT content faces backlash after publishing due limited scope.
Shreya Singhal vs U.O.I (2015)- the Supreme Court struck down section 66a as unconstitutional as it was arbitrary, which didn’t differentiate between a point of view and causing public disorder. However, the empowered government was empowered to block content under section 69A, and intermediaries were required to remove content on actual knowledge, not just user complaints.
Justice For Rights Foundation vs Union Of India (2019)- The NGO was seeking regulation on OTT platforms like Netflix and Amazon Prime Video. However, the Delhi High Court dismissed it, stating it is already governed under the IT Act, there’s no need for a separate regulation, viewers can decide what to watch, and if the IT Act is violated, they can make a complaint.
CONCLUSION
The OTT regulation was once a wide space for storytelling, but is now under watch with the introduction of IT (Intermediary Guidelines and Digital Media Ethics Code) rules 2021 to balance free speech and accountability. At the heart of the debate is article 19- freedom of speech which isn’t absolute coming with reasonable restriction under 19(2) like national security, public order where courts played a role in shaping these rights such as in Shreya Singhal case, striking down section 66A to K.A. abbas case that pre censorship can be allowed with reasonable reasons. Even though the IT rules may have provided chances to self-regulate but at what cost- FIRs, public outrage, and political pressure, blocking takes place without informing sometimes. The goal is to protect children, morals, but excessive regulation can lead to restricting local creators.
India needs transparent and fair regulations that respect both freedom of expression and user safety, which shouldn’t be used as a tool to silence criticism or truth, and welcome diverse voices, even the uncomfortable ones, so that creativity doesn’t sink.
FAQS
What is censorship and content regulation?
Censorship is through government control, while regulation is through legal provisions that platforms and creators must follow.
Do OTT platforms in India get subjected to censorship like movies?
No, they do not, but they are regulated under IT rules 2021 with a redressal system and age ratings, warnings before starting of a program.
What legal provisions allow the government to block online content?
Section 69A of the IT Act 2000, the government can do so with due process.
What protections do OTT platforms and creators have?
Article 19 protects them regarding free speech and expression, however, with restrictions as seen in the Shreya Singhal case.
Can viewers complain about OTT content they find offensive, and if so, are intermediaries liable?
Yes, they can go to the grievance officer if unsatisfied with other tiers or just report it. Intermediaries have limited liability under section 79 of the IT Act, but they must follow guidelines.
SOURCES
https://indiankanoon.org/
https://www.indiacode.nic.in/
https://www.ipandlegalfilings.com/ott-platforms-and-censorship-in-india-should-streaming-platforms-be-subject-to-stricter-content-regulations/
https://www.nextias.com/ca/editorial-analysis/19-02-2025/digital-content-censorship-in-india#:~:text=Ethical%20Concerns%20%E2%80%93%20The%20subjective%20nature,can%20lead%20to%20arbitrary%20censorship
