THE ONE WE TALK ABOUT OTTs BY – ATHUL A K
THE ONE WE TALK ABOUT OTTS
AUTHORED BY
– ATHUL A K
The
One where we do The Introduction
More than a decade passed
since the OTTs entered the Indian markets, it revolutionized the way we watch
content. It steamrolled the traditional cable channels, which we relied on for
much of this 21st century. With the advent of OTTs, what we wanted was
right at our fingertips. Never before did humans have this much amount of
information at their command. As it is with everything in life - every rose has its thorn. Its thorn would
create potential damage to the delicate fabrics of social life. This article
explores the delicate balance the government strives to maintain, by taming the
thorns without diminishing the rose's beauty.
The
one where OTTs take Center Stage
Before the advent of OTTs, people generally
relied on traditional broadcast or cable services, to get to their favorite
movies or programs. All these hassles were reduced by the OTTs, by offering
this streaming media directly to the users. This coupled with the access to
multiple quality content at the fingertips of the users made a myriad of users
switch from traditional services to OTTs.
Additionally, the growing
use of smartphones and tablets, personal computers, and smart TVs are also a
few reasons that the Indian audience swayed massively towards OTT consumption.
Furthermore, social media to digital media platform overnight became a buzz for
entertainment, as consumers would like to discuss enthusiastically what is
served by OTT players on regular basis. In fact there are number of advantages
of OTT platform over the other mediums such as control over the content, add
free content, direct to consumer with diverse content and consumer freedom etc. Therefore, the accessibility of OTT
content is very popular gradually because of the above reasons.[1]
The COVID pandemic added
further impetus to this rise in the usage of OTTs. According to a survey by
mobile marketing platform InMobi, 46% of viewers are watching more content
online. Another consumer survey conducted by Hammerkopf has found that OTT
consumption primetime has moved to 7 pm onwards, as opposed to 10 pm-12 am
before.[2]
According to the Ormax
OTT Audience Report(2024), India has 547 million OTT users and 99.6 million
active paid subscription users.[3]
The growing user base of
OTTs brought with it an array of challenges. When the lid of OTTs was finally
lifted, a swarm of issues emerged, with the most troubling of them being that
of disinformation. According to the World Economic Forum, misinformation and
disinformation pose the greatest threat to India, according to its Global Risk Report.[4]
The
One with Disinformation
The rise of OTTs
coincided with the rise of Artificial Intelligence. During election phases in
various countries, deep fakes have been used to spread disinformation. The
minimal regulation of OTT services makes them a primary target for
disinformation. The COVID pandemic saw a foray into disinformation pertaining
to the virus, the methods of treatment, and various other topics, that
compromised public health. The horrific violence that occurred in Manipur, and
the further spreading of disinformation which added further fuel to the fire
and exacerbated the peace efforts were another example in which disinformation
led to the breach of public peace.
Justice Viswanathan (Judge, Supreme Court of India), said
regarding disinformation, in one of his speeches. He said that, “ How do you check this with the media
explosion?On one hand you have guaranteed free speech and it is completely
non-negotiable right subject to reasonable restrictions…deliberate
disinformation has serious impact on rule of law.”[5][6]
Furthermore, alternative
media found its stage on various OTT platforms, where the careful distortion of
truth and the blurring of facts have woven a web of confusion, making it nearly
impossible for the average person to distinguish between truth and
misinformation.. The media trials in these forums have resulted in undermining
judicial independence, which is quintessential of the Rule of Law. These
alt-media trials are conducted in blatant disregard to judicial precedents set
by various cases. In the State of
Maharashtra vs. Rajendra Jawanmal Gandhi6, the Supreme Court
observed:
“There is a procedure established by the law
governing the conduct of trial of a person accused of an offense. A trial by
press, electronic media, or public agitation is very antithesis of the rule of
law. It can well lead to a miscarriage of justice. A judge has to guard himself
against any such pressure and is to be guided strictly by rules of law. If he
finds the person guilty of an offence he is then to address himself to the
question of sentence to be awarded to him in accordance with the provisions of
law.”
In the case of Y.V.
Hanumantha Rao v. K.R. Pattabhiram and Anr[7],
wherein it was observed by the learned judge of Andhra Pradesh HC, that: “ ……
When litigation is pending before a Court, no one shall comment on it in such a
way there is a real and substantial danger of prejudice to the trial of the
action, as for instance by influence on the Judge, the witnesses, or by
prejudicing mankind in general against a party to the cause. Even if the person
making the comment honestly believes it to be true, still it is a contempt of
Court if he prejudices the truth before it is ascertained in the proceedings ……
”
To deal with this intricate array of problems
posed by the OTTs, various governments around the world have brought in certain
regulations to fetter these OTTs.
The
One where Govt makes Rules
The Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
was the first serious attempt by the Union Government to foray into realms of
OTTs. Further, IT Amendment Rules, 2023, propose to have a fact-checking unit,
in order to curb the menace of disinformation.
Self-Classification of
Content: The OTT platforms, called as the publishers of online curated content
in the Rules, should self-classify the content into five age-based categories U
(Universal), IJ/A 7+, U/A
13+, IJ/A 16+, and A (Adult) and required to implement parental locks for
content classified as U/A 13+ or higher, and reliable age verification
mechanisms for content classified as "A"[8].
Moreover, the publishers
of news on digital media would be required to observe the Norms of Journalistic
Conduct of the Press Council of India and the Programme Code under the Cable
Television Networks Regulation Act
thereby providing a level playing field between the offline (Print, TV) and
digital media. A three-level grievance redressal mechanism has been established
under the rules with different levels of self-regulation. Such as
self-regulation by the publisher, Self-regulation by the self-regulating bodies
of the publisher, and the oversight mechanism[9].
The recently withdrawn
draft Broadcasting Services (Regulation) Bill was yet another effort to weed
out disinformation from the world of online content creators. This Bill
specifically targeted the alternative media that had surged in recent years.
Notably, it was within this Bill that the term OTT was defined for the very
first time.
The
One where OTT crosses the line
A recent controversy
surrounding a web series depicting the infamous Kadhahar Hijacking again
brought forth the need for the government to have oversight over the OTTs and
their contents. In this instance, the real names of the perpetrators of this
Hijacking were concealed, and only the code names used during this particular
terrorist operation were revealed. This choice sparked widespread public
outrage, as many felt it deeply offended their religious sentiments. Following
the controversy OTT platform Netflix India announced that it has updated the
series' opening disclaimer to include both the real and code names of the
hijackers.[10]
A notable example of
government action occurred in January 2021 with the web series
"Tandav", which faced severe criticism for allegedly mocking Hindu
deities. The series, which featured a star-studded cast, including Saif Ali
Khan and Dimple Kapadia, had to edit two controversial scenes following
multiple complaints and an FIR lodged in Lucknow. The creators of
"Tandav" also issued an unconditional apology, and officials of the
streaming platform, Amazon Prime Video, were summoned by the I&B Ministry
on January 18, 2021.[11]
In another incident that
happened this year, The Ministry of Information & Broadcasting (I&B)
banned 18 OTT (over-the-top) platforms for publishing obscene, vulgar, and, in
some cases, pornographic content. The move followed mounting concern regarding
the accessibility of explicit material on digital platforms[12].
The government's firm
stance on OTT platforms has compelled them to become more vigilant and
proactive, carefully scrutinizing their content and filtering out anything that
distorts the truth.
The
One where we do Conclusion
The rise of OTT platforms
in recent years has been nothing short of explosive, with a vibrant young
population, more of these platforms will inevitably flood the Indian market,
and with each increasing year, the need for thoughtful regulation becomes increasingly
apparent. While these platforms offer unprecedented creative freedom and access
to diverse content, they also present certain challenges that cannot be
ignored. Striking a delicate balance between creative freedom and regulatory
oversight is imperative for providing diverse content for the users without
compromising the truthfulness of the content and not being derogatory of
societal values.
[1]
Biranchi Narayan P. Panda, et al.,(2021) ‘Binge watching to binge serving in
India: Revolution, regulations and restrictions of over-the-top (OTT)
platforms’, Rupkatha Journal on
Interdisciplinary Studies in Humanities, 13(4), pp. 1–15.
doi:10.21659/rupkatha.v13n4.14.
[2]
https://www.financialexpress.com/business/brandwagon-how-is-coronavirus-impacting-the-streamingplatforms-with-an-increasing-appetite-of-viewers-1919916/
[3]
https://www.livemint.com/industry/ott-active-paid-subscriptions-avod-svod-11724226880222.html
[4]
Standard, B. (2024) Fake news biggest
immediate risk, extreme weather top long-term threat: WEF, Business Standard. Available at:
https://www.business-standard.com/india-news/fake-news-biggest-immediate-riskextreme-weather-top-long-term-threat-wef-124011000538_1.html
(Accessed: 04 September 2024).
[5]
(2021) Brief information note on India’s
Information Technology ( ... Available at:
https://static.pib.gov.in/WriteReadData/specificdocs/documents/2021/jun/doc202162411.pdf
(Accessed: 04 September 2024).
[6]
997 (8) SCC 386
[7]
AIR1975 AP 30
[8]
(2021) Brief information note on India’s
Information Technology ( ... Available at:
https://static.pib.gov.in/WriteReadData/specificdocs/documents/2021/jun/doc202162411.pdf
(Accessed: 04 September 2024).
[9]
(2021) Brief information note on India’s
Information Technology ( ... Available at:
https://static.pib.gov.in/WriteReadData/specificdocs/documents/2021/jun/doc202162411.pdf
(Accessed: 04 September 2024).
[10]
Netflix India changes ‘IC-814: The
Kandahar Hijack’ disclaimer amid controversy (2024) Hindustan Times. Available at:
https://www.hindustantimes.com/india-news/netflix-updates-ic-814-the-kandahar-hijackdisclaimer-amid-controversy-101725361840421.html
(Accessed: 04 September 2024).
[11]
ibid.
[12]
ETtech explainer: The Govt’s ban on OTT
platforms (no date) The Economic
Times. Available at:
https://economictimes.indiatimes.com/tech/technology/ettech-explainer-the-govts-ban-on-ottplatforms/articleshow/108522136.cms?from=mdr
(Accessed: 04 September 2024).