Regulation Of OTT Platform: Is There A Need For Censorship?

Ashika Ranjan, School of Law, KIIT University

ABSTRACT

In today’s generation, people prefer to stream OTT contents more than watching contents that are streamed on Indian television. One major reason for this shift is that the OTT contents are more diversified and explicit as creators have more creative freedom when it comes to OTT contents, unlike contents meant to be streamed on Indian televisions or theatres which strictly regulated and censored by the Indian Government. Until very recently, the major players in the OTT business followed a self-regulation system which game more room to content creators to experiment and diversify their contents, but in 2021, the Indian Government introduced the “Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021” which gives empowers the government to regulate and censor the contents meant for streaming on OTT Platforms. This 2021 IT Rules has stirred a huge debate regarding whether the Indian government is trying to step over its legislative boundaries. This article analyses the validity and need of the “Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021” in light to the fundamental freedoms guaranteed under the Indian Constitution, various international standards, etc.

Keyword: creative freedom, self-regulation, legislative boundaries, censorship.