Towards Transparency in OTT Regulation

It has been two years since the government issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules through which the Ministry of Information and Broadcasting (I&B) was given the task of regulating content on OTT and online platforms.

PWOnlyIAS

February 27, 2023

Context:

It has been two years since the government issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules through which the Ministry of Information and Broadcasting (I&B) was given the task of regulating content on OTT and online platforms. 

India’s approach:

  • It is a light-touch ‘co-regulation’ model where there is ‘self-regulation’ at the industry level and final ‘oversight mechanism’ at the Ministry level. 

About the Rules:

  • The Rules provide for a grievance redressal mechanism and a code of ethics. 
  • They mandate access control mechanisms, including parental locks, for content classified as U/A 13+ or higher and a reliable age verification mechanism for programmes classified as ‘A’ (18+).

Issues With the Rules:

  • There is little awareness about them among the general public.
  • In many cases, either the complaint redressal information is not published or published in a manner that makes it difficult for a user to notice easily.
  • In some cases, the details are not included as part of the OTT app interface. 

Steps needed to be taken:

  • A periodic audit of OTT platforms may be undertaken by an independent body. 
  • The full description of complaints received by OTT providers and self-regulatory bodies and decisions given thereon may be published in the public domain.
  • The Ministry could consider facilitating a dedicated umbrella website, which will be visible for the public and government authorities. This approach will aid in enhancing transparency.
  • There is no provision for the disclosure or publication of an apology/warning/censure on the platform or website. This may be incorporated in the Rules. 
  • Financial penalties on erring entities may also be provided. 

News Source: The Hindu 

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