The Author, Anubhooti Shaw is a 1st year law student of School of Law and Justice at Adamas University.
Introduction
People now hardly admit to watching television or going to the movies. Everyone is preoccupied with various internet platforms that the days of watching video content only on television or in movie theatres are gone. Over-the-top platforms, also known as OTT platform services, began as content hosting platforms but quickly expanded to include the production and distribution of short films, feature films, documentaries, and web series. In the last several years, India has seen a significant increase in the consumption of video material via these massive online platforms.
As OTT platforms are a new source of entertainment in India, there are no laws or rules governing these platforms. These platforms provide a variety of content and use artificial intelligence to recommend content based on your previous interactions with the platform. The majority of completely paid platforms provide some content for free and charge a monthly subscription fee for premium content that is generally unavailable elsewhere. Premium content is typically created and distributed by 30 platforms in collaboration with stylish production firms that have previously produced feature films.[1]
Everyone requires different types of freedom or forms of liberty to feel at ease and accommodated in our society. Intellectual freedom refers to an individual's right to receive and pursue information without constraint or confinement. The first form of censorship is the restriction of informational resources that are deemed to be dangerous or likely to cause heated public debate in our community, nation, or even internationally.[2]
Laws Related to Censorship in India[3]
The cinematographic act of 1952, along with regulations 1983 and guidelines 1991, established the method by which films are to be certified for exhibition in India by the censor board. This statute also specifies that “a film shall not be certified for public exhibition if in the opinion of the authority competent to grant the certificate the film or any part of it is against the interest of society”.
Censorship is carried out by organisations such as the Central Bureau of Film Certification, which was formed by the Cinematograph Act of 1952. The CBFC is a film regulatory agency that not only complies with rudimentary censorship norms but enforces them.
The power to declare certain publications forfeited and issue search warrants for them is exercised through registration search under Section 95 of the Code of Criminal Procedure. Most laws in India can be easily modified to fit into handy narratives. Several doubts have been made about the CBFC's autonomy, including whether the CBFC's slogan of ensuring film certification without compromising artistic freedoms expression is true. The CBFC's primary role is to certify films, not to censor content.
Why OTT Platforms are Creating Controversies?
There are constant concerns voiced about a show's storyline weakening a culture, or the use of profane words, or the depiction of a specific location. A suit was filed against a popular show named Mirzapur, claiming that it is diluting the image of the actual region.
This criticism was primarily intended to highlight the fact that while this governance may restrict filmmakers' creative freedom, it may also be advantageous in restricting the content that children should be protected from. The Ministry of Information and Broadcasting did not go into detail on how these OTT sites will be regulated. According to rumours, these standards could be like those found in the Central Board of Film Certification model.[4]
The most recent issue in this context occurred when the Information and Broadcasting (I&B) Ministry took a move toward regulating these OTT platforms (Netflix, Hotstar, Amazon Prime, and others), but was chastised for it, particularly by the torchbearers of freedom of expression.[5]
A content warning statement is included for explicit visual content that could trigger trauma content situations, which are typically seen in action flicks or films about mental health. A content warning disclaimer is not content censorship, but rather a piece of information for potential viewers about what to expect from the film. Film censorship is a problematic issue since there are no objective limitations but instead, it is based on the viewer's sense of morality, which is subjective to a great extent.[6]
The debate also includes issues like screen addiction and excessive internet usage, both of which can lead to a variety of psychiatric issues. Another issue may arise for those under the age of 18, i.e., children and teenagers. We are all aware that some of the content broadcasted is not age-appropriate and may have negative consequences for their mental health. Teenagers are naturally more interested in what they see adults doing, making it difficult for parents to warn or prevent them from seeing content that is inappropriate for their age group.[7]
Controversial Content
Netflix's first original Indian web series 'SACRED GAMES' was also criticized on the grounds of shaming the political history of India. This political history included Gandhi's involvement in purchasing Swedish ammunition for the Indian army causing a major political scandal and accusing Gandhi of appeasing Muslims in a legal case of divorce. The second season of the same was also pointed out where Saif Ali Khan was throwing away the religious 'Kada' of Sikhs. 'A SUITABLE BOY' from Netflix witnessed several FIRs regarding a kissing scene in a temple.[8]
'PAATAL LOK' from Amazon Prime Videos also observed several FIRs and was heavily criticized by people. It was also seen that those scenes had hurt the sentiments of people. Another popular web series of 'Mirzapur' was also pointed out because of misrepresenting the city and hurting social, religious, and regional feelings. 'ASHRAM' from MX Player also had the spotlight on itself by promoting discrimination, untouchability and hurting the feelings of saints and SCs & STs.[9]
Finally, 'TANDAV' is again a web series from Amazon Prime Videos that supposedly triggered political sentiments of the politicians and leaders demanding a total ban. A scene from the first episode is declared to be derogatory on Hindu Deities. And one more scene from the first episode itself shows insulting dialogues which can spread caste-based enmity. The whole web series marks the dignified post of prime minister in a derogatory manner as well.[10]
What can be the Solution?
What can be done to address this issue is for these OTT platforms to develop alternatives that include a self-regulation system as well as advanced parental control, making the process easier for both parents and general viewers. In a similar vein, Malaysian Netflix (an OTT network) has attempted to use this system. This approach allows parents to create a second password for their Netflix accounts, allowing them to better control what their children watch. Although such a model has not yet been adopted in India, it is not far off.[11]
It is the parents and adults at home who sign up for subscriptions on these OTT platforms' packages, and it is them who have a final say on what is appropriate for their children to watch and what is not. This is the best we can do until we find a permanent solution to the broadcasting problem.[12]
Conclusion
In light of current events, there should be a need for an independent regulating authority. A self-regulatory organisation cannot manage internet material streaming, and the body must distinguish between accountability for the content on whole platforms and the government must work together to resolve this issue once and for all. Nowadays, the audience is looking for information that will reveal the truth about society, address political concerns, and give us regionally diverse content that does not offend a specific group of people.
It is laudable, honest, and thrilling that for a small cost any user may have access to a massive library of information on OTT platforms creating money for numerous verticals such as content creators, content providers and intermediaries such as telecom service providers. It serves as a respectable platform for fleshing out characters and developing compelling tales, as well as giving true meaning to our constitution's fundamental right to freedom of speech and expression. OTT platforms create and distribute high-quality content attracting a big audience and generating significant money and popularity as a result.
References:
[1] Censorship of Streaming Platforms: Boon or Bane? THE APPRENTICE [http://theapprentice.in/blog/ipr/131/censorship-of-streaming-platforms:-boon-or-bane?] (Last visited on July 1, 2021).
[2] Ibid.
[3] Nagoriastha Censorship of OTT Platforms: Boon or Bane? LEGAL SERVICE INDIA [http://www.legalserviceindia.com/legal/article-3418-censorship-of-ott-platforms-a-boon-or-bane.html] (Last visited on June 30, 2021).
[4] Alolika A. Dutta A Brief Analysis of Censorship in India YOUTH KI AWAZ [https://www.youthkiawaaz.com/2019/03/a-brief-analysis-of-censorship-in-todays-india/] (Last visited on June 29, 2021).
[5] Satyaki Baidya How Censoring of OTT Platforms will Hamper Art GOI MONITOR [https://www.goimonitor.com/story/how-censoring-ott-platforms-will-hamper-art] (Last visited on July 1, 2021).
[6] Censorship of OTT Platform: A Necessity LEXLIFE INDIA [https://lexlife.in/2021/05/11/censorship-of-ott-platform-a-necessity/#_ftn1] (Last visited on June 30, 2021).
[7] Deepali Bhandari, Abhigyan Tripathi Censorship of OTT Media Services: Restraining Freedom of Speech LAW SCHOOL POLICY REVIEW & KAUTILYA SOCIETY [https://lawschoolpolicyreview.com/2020/12/23/censorship-of-ott-media-services-restraining-freedom-of-expression/] (Last visited on July 2, 2021).
[8] Osama Manzar Hate Speech and Role of Social Media LIVE MINT [https://www.livemint.com/Opinion/ZAHBp4YDLp1BcCnlIuwFON/Hate-speech-and-the-role-of-social-media.html] (Last visited on June 29, 2021).
[9] From Tandav to Ashram to Paatal Lok, 5 Webseries that Faced Legal Trouble ENGLISH JAGRAN NEWS [https://english.jagran.com/entertainment/from-tandav-to-ashram-to-paatal-lok-5-webseries-that-faced-legal-trouble-10022455] (Last visited on June 29, 2021).
[10] Ibid.
[11] Censorship of OTT Platforms and Controversies FINOLOGY BLOG [https://blog.finology.in/recent-updates/censorship-of-ott-platforms] (Last visited on July 2, 2021).
12] Ibid.
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Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
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Social media is you.
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