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Indian Express
14-05-2025
- Politics
- Indian Express
The ‘who' and the ‘how' of OTT content regulation
Written by Lakshita Handa and Pragya Singh The Supreme Court, whilst expressing concern regarding the regulation of content on Over the Top (OTT) platforms and social media, urged the Centre to do 'something legislative' about the obscene and indecent nature of content streamed through such platforms. The Supreme Court's observations came in the wake of the recent 'India's Got Latent' controversy, which sparked debate on the need to further align OTT content with laws and ethical guidelines. This is indeed not the first time that public grievances against obscene content on social media and OTT have been flagged. While the 'what' and 'why' parts of the need for regulation seem clear, the 'who' and 'how' parts of it warrant closer inspection. Whose problem is it anyway? Most definitions of OTT describe it as a media service, which is delivered over the existing communication infrastructure, i.e., the internet, at the request of individual consumers. Due to the blended nature of OTT streaming, efforts to regulate the OTT space have resulted in a turf war between the holy trifecta: the Ministry of Information Technology (MeiTY), the Ministry of Information and Broadcasting (MIB) and Telecom Regulatory Authority of India (TRAI). With the rise of OTT content consumption post-2020, MeiTY notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to regulate intermediaries, OTT platforms and digital news media organisations. The 2021 Rules laid down a Code of Ethics (Code) for such entities, requiring them to fulfil certain due diligence obligations, such as setting up a three-tier structure for regulation. Under the Code, the first tier is self-regulation by the intermediary/publisher; the second tier is regulation by a self-regulating body of the publishers; and the third is regulation by an interdepartmental committee to exercise oversight, hear and examine grievances. The Code prohibits OTT platforms from transmitting unlawful content and mandates age-based classification based on the context, theme, tone, impact and target audience of the content. Despite this effort to control objectionable content streamed on OTT platforms, the Code has been interpreted as a mere set of guidelines with no consequences for non-compliance. Notably, the Code did not account for the extent of autonomy that the OTT content providers have over their platform and content. This autonomy exists both in terms of infrastructure and finances. It may be contended that the Code demonstrated regulatory creep into the field of the MIB, as well as a complete lack of understanding of the information communication technology frameworks within which OTT content travels. The tools for regulation were thus borrowed from the pre-existing model of social media and internet intermediary regulation. This issue was attempted to be addressed by the Indian Telecommunications Services Bill, 2023, where telecommunication service providers and OTT platforms were brought under the same loose definition. However, despite some similarities, the internet service providers and the telecommunications service providers cannot be compared to the OTT content providers. Attempts to regulate OTT by regulating telecom providers were met with resistance due to the stark differences between the two. For one, telecommunication service providers are licensed, unlike OTT platforms. OTT platforms also do not sell internet access, since the availability of internet services is a prerequisite for availing OTT content in the first place. To create a comprehensive legal framework for all broadcast content, MIB, through the Broadcasting Services (Regulation) Bill, 2023, again sought to bring OTT platforms and digital news channels within its ambit. Here, as well, crucial dissimilarities persist. Broadcasting involves control of end-to-end infrastructure as well as the content broadcast on the infrastructure, whereas OTT streaming does not focus on the infrastructure (internet) over which it is shared. Similar to the provider-based regulation model under the IT Rules and the Draft Indian Telecommunications Services Bill, 2022, the Broadcasting Bill was met with resistance. Interestingly, the Telecom Disputes Settlement and Appellate Tribunal in an October 2024 order held that OTT platforms were outside the purview of the TRAI Act and were to be solely governed by the 2021 Rules. How can feasible regulations be built? Support for structured regulation of OTT platforms and content has become pronounced not only by way of judicial endorsement but through internationally recognised practices. Due to the nature of these platforms, they run a risk of propagating harmful content to the public. The common denominator that justifies the need for further regulation is the public, which is able to watch both pull and push media at the same frequency with expanding technological ease. Difficulty in grasping the subject matter of regulation, as well as the nuances associated with OTT streaming, has inhibited the creation of a sound legal framework. Any attempt to address this must involve cross-cutting expertise spanning areas of information technology, broadcasting as well as telecommunications. A tripartite body that builds upon the jurisprudential understanding of content regulation whilst upholding the dynamism and flexibility of regulating the internet, from the field of information technology, should be developed to draft bespoke regulations for OTT content and service providers. Additionally, the regulatory body, whether it is a government department or a newly constituted authority, must ensure that a higher-degree of co-regulation is accommodated. This may mean retaining a degree of self-regulation with platforms for flexibility. Further, the similarities and dissimilarities of OTT content streaming vis-a-vis traditional broadcasting or telecommunications should be factored in to ensure that the final legal framework captures this deeper understanding. For instance, registration of service providers may draw on procedures established under the Broadcasting Bill. Whereas, the regulation of infrastructure maintained by OTT platforms may be regulated as per TRAI's recommendations. Finally, the content may be regulated as per the standards developed by MIB. In the course of formulating such regulations, due care must be taken to ensure that they do not have a chilling effect on freedom of speech and expression. Hence, what constitutes 'harmful' or 'offensive' content should be clearly delineated within the regulation to avoid vague and arbitrary interpretations. For instance, Section 66-A of the IT Act, 2000, which penalised sending 'grossly offensive' or 'menacing information' through a computer device was struck down by the Supreme Court in 2015. The Court found the language of the provision to be overly broad and vague, with the potential for misuse. In similar terms, the importance of protecting free speech and expression in the digital age was underscored. Provisions that automatically empower authorities to block content without judicial oversight should also be avoided at all costs, since they may promote whimsical censorship at the behest of the State. Concepts of 'morality' and 'obscenity' are ever-evolving. They vary across place, time and sensibilities of the recipient. Voices of persons from marginalised communities or vulnerable groups should be considered to ensure that critical depictions of societal practices or evils are not silenced through excessive content regulation. Content-based guidelines must incorporate a review clause, which ensures that content regulation undergoes frequent and deliberate reassessments to stay attuned with social realities. In any case, OTT regulation should aim at striking a balance between freedom of speech and social sensitivities. A key to developing a balanced framework may entail conducting consultations with digital platforms, content creators, government entities, civil society organisations, as well as other stakeholders that may be considered relevant. There is undoubtedly a need to set up soft-touch regulatory frameworks to regulate the content streamed on OTT platforms. While extending censorship and film certification processes to OTT content may not be feasible, age-based classification should be more strictly enforced. Similarly, the concept of self-regulation should be retained whilst ensuring better operationalisation and enforcement of existing standards, such as those laid down under the 2021 Rules. However, any such fresh legal frameworks should improve upon existing regulations – for instance, publishers have not been provided a right to appeal against decisions of the self-regulating body under the 2021 Rules, whereas those who have a grievance against the publisher have a right to appeal. This leaves publishers with no further legal recourse and must therefore be modified. Tools such as automated profanity filters and user-report-driven content scanners may be utilised by OTT platforms to facilitate self-regulation of their content. Other methods for better adherence to standards may also be identified based on consultative discussions with concerned stakeholders. In doing so, rights and values enshrined under the Constitution of India should be upheld, and the bespoke nature of OTT should be recognised, i.e., making diverse and creative content available to the general public. Lakshita and Pragya are Senior Resident Fellows with the Legal Design and Regulation Team at Vidhi Centre for Legal Policy
India Gazette
13-05-2025
- Entertainment
- India Gazette
Stand-up comedian Samay Raina announces international tour post India's Got Latent row
Mumbai (Maharashtra) [India], May 13 (ANI): A stand-up comedian, Samay Raina, has officially announced his international tour after India's Got Latent row. Expecting to make a glorious comeback in his comedy career after receiving criticisms for his India's Got Latent show, Raina has announced the dates of his upcoming international tour with performances scheduled across Europe, the UK, Australia, and New Zealand. Taking to his Instagram handle, Samay Raina shared the dates and cities of his International comedy tour. His tour will start from June 5 and will conclude in Sydney, Australia, on July 20. Here is the full schedule of the international tour of Samay Raina, as shared by the comedian on his Instagram handle. Europe and UK: 5th June - Koln (Cologne, Germany), 6th June-Frankfurt, 7th June - Berlin, 8th June - Barcelona, 11th June - Hamburg, 13th June - Dublin, 14th June - Zurich, 15th June - Munich, 18th June - Antwerp, 20th June - Paris, 21st June - Amsterdam, 22nd June - Glasgow, 28th June - London, 29th June - Manchester Australia and New Zealand: 11th July - Auckland, 12th July - Brisbane, 13th July - Adelaide, 18th July - Melbourne, 19th July - Perth, 20th July - Sydney The comedian also shared a video on his Instagram account, featuring the glimpses of his performance in Toronto, Canada, to announce his international tour. Samay Raina's show 'India's Got Latent' came under intense scrutiny after controversial remarks were made by Ranveer Allahbadia during an episode of the show. Allahbadia's comment about a contestant involving their parents quickly went viral and was met with widespread criticism on social media. The podcaster later issued a public apology, acknowledging that his comments were not only inappropriate but lacked humour. Guwahati Crime Branch also filed a case against the comedian Samay Raina for allegedly promoting obscenity and vulgar content through his YouTube show 'India's Got Latent. ' Earlier this month, the Supreme Court on Monday issued summons to comedians Samay Raina and four others and asked them to personally appear before it over their allegedly insensitive remarks made against persons with disabilities in their show. (ANI)
Deccan Herald
13-05-2025
- Entertainment
- Deccan Herald
Comedian Samay Raina heading to UK, Europe, Australia-NZ as part of 'Unfiltered' tour
The announcement comes months after the comic rescheduled dates of his India shows following the "India's Got Latent" controversy.
Express Tribune
17-04-2025
- Entertainment
- Express Tribune
Ranveer Allahbadia says Samay Raina ‘will be back' amid ‘India's Got Latent' probe
Listen to article YouTuber and podcaster Ranveer Allahbadia has spoken out during an ongoing controversy surrounding the now-suspended talent show "India's Got Latent", offering emotional insight into his mental health and his bond with fellow content creators. Two months on, the accused— Ranveer Allahbadia, Apoorva Mukhija, Ashish Chanchlani, and others—are gradually resuming their routines. However, Samay Raina, the show's host, has stayed away from professional engagements since the controversy unfolded. Ranveer has now offered an update on their friendship and shared thoughts on Samay's potential return. On wednesday (April 16), Allahbadia aka BeerBiceps—addressed fan questions in an Instagram AMA (Ask Me Anything) session on Wednesday. Photo: Instagram Asked if he was still in contact with comedian and host Samay Raina, Allahbadia responded: 'Samay will be back. All of us have gotten closer after the events. Stand by each other in good times as well as in bad times. My brother is already a media legend.' He also expressed gratitude towards fellow accused creators, saying: 'Love you @ashishchanchlani & @ as well. Picture abhi baaki hai…' In the same AMA session, Allahbadia responded to a follower's concern about his mental well-being and the toll the controversy has taken on his family. 'This part of the chaos hurt the most,' he wrote. 'When you work, your actions have an impact on your loved ones. But both my parents are warriors. That's where I get my mentality from. It was tough, but we are getting past it.' When asked what he feared most during the controversy, the creator admitted it was the possibility of letting down his team members' families. He said the livelihoods of over 300 employees were at stake due to the backlash. Despite not having fully 'overcome' the fallout, Allahbadia said that he is determined to move forward. 'God is with me, I know it,' he wrote. He also shared a reflective list of what he has lost and gained during the ordeal: 'Lost: health, money, opportunity, repute, mental health, peace, parents' contentment & much more. Gained: transformation, spiritual growth, toughness. Will slowly work towards getting back everything that's lost. Let the work speak.' The "India's Got Latent" controversy, which erupted earlier this year, led to scrutiny by the Maharashtra Cyber Cell. On April 15, both Allahbadia and Raina appeared before investigators for their third round of questioning.
