THE UNIVERSAL SELF-REGULATION CODE FOR ONLINE CONTENT CURATORS

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Fifteen Online Curated Content Providers have signed the Universal Self-Regulation Code drafted by the Internet and Mobile Association of India on 4th September, 2020. These signatories include the leading online content providers including Zee5, Viacom 18, Disney Hotstar, Amazon Prime Video, MX Player, JIO Cinema, Eros Now, ALT Balaji, Arre, HoiChoi, Hungama, Shemaroo, Discovery Plus and Flickstree. The Code establishes guidelines for the Online Content Curators to work in a responsible and transparent manner. So far, there has not been any regulating policy for such platforms, popularly known as OTT (Over The Top) platforms, for online streaming to ensure certification of the content shown on them. ‘Over The Top’ means that there is no regulation or monitoring by the government. These networks run over the top of other mainstream networks like cable, cinema or radio. Generally movies are released only after they get certified by the Central Board of Film Certification (CBFC) in accordance with the Cinematograph Act, 1952.[i] While on the other hand television programmes and advertisements are regulated under Cable Television Network (Regulation) Act, 1955. Thereafter come the OTT platforms, where the content streamed online is not regulated at all, that is, neither by the CBFC nor any other statute.

Why is there a need for self-regulation?

 Media is the fourth pillar of our democracy and has always been considered a powerful institution. It is usually vested with a lot of responsibility in the sphere that it operates. However, with the advancement of technology and evolvement of online platforms has considerably changed the narrative of what actually media is. Online streaming of movies and shows have become a trend and these online platforms have witnessed a massive increase in viewership as compared to TV and cinema (especially during the lockdown). The reason behind such popularity is the type of content shown on these digital platforms, that is, mature, real, different and appealing story lines among many other reasons. However, not to forget that these are subject to criticism as well. OTT platforms are often accused for streaming uncensored and unadulterated content thereby promoting vulgarity, obscenity, and attacking religioussentiments of a particular class, section or community. The absence of censorship on OTT platforms has been a topic of discussion since a while now. The unfettered content on these platforms has attracted much attention from the government, legal advisors and consumers.

However, there is a difference of opinion that has surfaced this issue lately, while some say that OTT platforms have provided the content creators the freedom to create content of their own choice without the apprehension of censorship, others have contended that the uncut uncensored concept of online content is a form of exploitation in the name of art. Unlike the content creators of traditional platforms, that is, TV, cinema and radio, the online content curators have freedom to try their hands at different content styles and themes. Thus, many feel the wrath of censorship on digital platforms will curb their freedom of speech and expression[ii]. OTT platforms themselves have contended that since they are an on-demand service providers hence, the movies or shows released by them cannot come under the purview of any of the laws and statutes. The laws and statutes applicable on theatrical releases cannot be applied to them for that matter either.

Perspective of Indian Judiciary

Various High Courts have dismissed petitions seeking for censorship of online content over the years. Indian Courts have time and again observed that digital platforms need not be regulated. The Delhi High Court in Justice for Rights Foundation v. Union of India, [iii] iterated that the online platforms do not need any license to operate. However, Supreme Court on October 15, 2020 issued a notice on PIL, filed by Shashank Shekhar Jha,[iv] seeking for the pre-censorship of online content by OTT platforms to the Centre. This is for the first time that the honorable Supreme Court entertained a plea in this matter and have taken an action. However, while issuing the notice, the Chief Justice of India observed that the court does not know if regulation is possible or not.

What is the Universal Self-Regulation Code?

The government has also time and again iterated the need to regulate the content shown on these platforms.  In this respect, all major players have agreed on self-censorship code that prohibits them from showing banned content on their platforms. The code has been drafted by The Internet and Mobile Association of India (IAMAI) along with a consumer complaints redressal mechanism being set up. The code applies to any online content curated provider working in India and is developed by them and requires the signatories to invest in parental controls and content descriptions that provide the viewer information about mature content. This is the third code in line that aims at maintaining a balance between the content creators freedom of speech and certifying the content so that it works in alliance with the viewers’ wishes, giving way for consumer complaints redressal.

Objectives of the Code

The code enumerates a few objectives in accordance with the principles enacted thereby. These are:

  1. To empower consumers to make informed choices based on age appropriate content;
  2. To  protect the interests of consumers in choosing and accessing the content they want to watch at their convenience;
  3. To safeguard and respect creative freedom of content creators and artists;
  4. To create an ecosystem fostering innovation and abide by the individual’s freedom of speech and expression;
  5. To provide a mechanism for consumer complaints and redressal.

With the objectives laid down by the Code, the signatories to the code are to ensure that they do not make available, to their users, the prohibited content that includes content which deliberately disrespects the national anthem or national flag; that which represents child engaged in real or simulated sexual activities; content that intends to outrage religious sentiments of any class, section or community; or that promotes terrorism or any kind of violence against the State;  content that is already banned for distribution by online service providers under various laws. The code seeks to protect the consumer’s ability to choose age appropriate content for their viewing. The objective here is to enable consumers to make an informed choice for what they want to watch by providing them with the information of the types of content available and their broad themes. This will ensure transparency in the working of online curators.

Complaints redressal is an important part of the Code as there has been a lot of criticism for the content streamed online being uncensored and unfettered on this digital platforms. The code requires the OCC Providers to appoint internally a dedicated person/ team/ Department to receive and address complaints relating to content of the respective provider. This has, at the least, provided for the question as to where the complaint has to be registered.

Conclusion

The Universal Self-Regulation Code is said to be the need of the hour! Looking at the number of petitions filed before the courts in past two years, there definitely was a need to regulate this medium of entertainment. Considering the wide outreach of digital platforms today, providing guidelines for streaming online content and prohibiting certain specific content cannot be said to be curbing the creative freedom of speech and expression.  Fundamental rights are not absolute and co-exist with every other right and are subject to reasonable restrictions. However, there also has to be consensus among the signatories of the code as well as the Government in order to regulate effectively without infringing the right of creative freedom of speech and expression.

By –

Rachita Thakur

Student Reporter, INBA

[i] The act was set up for the purpose of censorship of movies before their release. The Act gives authority to the Centre to establish the Central Board of Film Certification. The Act provides that it is the duty of the Board so established to watch and examine the movies and provide certify them before sanctioning their release.

[ii] Article 19 (1) (a) of the Indian Constitution guarantees to all citizens “freedom of speech and expression” and Article 19 (1) (g) provides for “freedom to practice any profession or to carry any occupation, trade or business.” The signatories have, thus, contented that regulation of online content will violate their right to freedom of speech and expression.

[iii]Justice for Rights Foundation v. Union of India, WP(C) 11164/2018. The PIL was filed in October 2018 seeking to regulate OTT platforms subject to their acquiring license. The plea was dismissed stating the reason that such platforms do not need any license to operate.

[iv] Shashank Shekhar Jha and Anr v. Union of India and Ors, WP(C) 1080/2020