Contemplating some action to regulate OTT platforms like Netflix, Amazon: Centre tells SC

The Central government on Tuesday told the Supreme Court that it was contemplating "some action" for the regulation of over-the-top (OTT) platforms such as Netflix and Amazon Prime.

A bench comprising Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian asked the Centre to file its response within six weeks to the PIL seeking OTT regulation by an autonomous body.

At the outset, Additional Solicitor General Sanjay Jain said the Centre was contemplating some action on the issue of regulating OTT platforms. CJI sought details on these actions and asked the government to file the response in six weeks.

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The top court had on October 15, 2020, issued notices to the Ministry of Information and Broadcasting over a petition seeking proper board/institution /association for the monitoring and management of content on various OTT/digital media platforms.

“With cinema theatres unlikely to open anytime soon in the country, OTT/Streaming and different digital media platforms have surely given a way out for filmmakers and artists to release their content without being worried about getting clearance certificates for their films and series from the censor board,” the plea filed by advocates Shashank Shekhar Jha and Apurva Arhatia said.

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No law to govern OTT platforms

At present, there is no law or autonomous body to govern, monitor, and manage these digital contents, that are available to the public at large without any filter or screening, it said.

“Lack of legislation governing OTT/Streaming Platforms are becoming evident with each passing day and every new case that is filed on these grounds. The government is facing heat to fill this lacuna with regulations from the public and the Judiciary; still, the relevant government departments have not done anything significant to regularise these OTT/Streaming Platforms,” the plea added.

It further noted that none of the online streaming platforms including Netflix, Amazon Prime, Zee5, and Hotstar have signed the self-regulation provided by I&B Ministry since February 2020.

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