Examining Current Provisions, Need For New Framework To Regulate OTT Platforms: Centre

Following the outcry over YouTuber Ranveer Allahbadia’s crass comments on ‘India’s Got Latent’ show, the Prime Minister Narendra Modi-led Central government has given sharp indications about its intentions to increase its vigil over the content on digital platforms. The Information and Broadcasting Ministry is examining the existing statutory provisions and the need for a new legal framework to regulate "harmful" content on digital platforms.

In its reply to a parliamentary panel's communication over the issue, the ministry said on Saturday that there is a rising concern in society that the constitutional right of "freedom of expression is being misused to showcase obscene and violent content on digital platforms." The I&B ministry told the Standing Committee on Communications and Information Technology, headed by BJP MP Nishikant Dubey, that while certain provisions exist under the current laws, there is a growing demand for a stricter and more effective legal framework to regulate such harmful content.

It said, "This ministry has taken note of these developments and is in the process of examining current statutory provisions and the need for a new legal framework." The ministry said that many high courts and the Supreme Court, MPs and statutory bodies like the National Commission of Women have spoken on the issue, which has made headlines after the tasteless comments of social media influencer Allahbadia drew wide condemnation.

Criminal cases have been registered against him, and his apology has done little to dampen the controversy. While the Supreme Court granted him protection from arrest, it also made very critical observations of his comments, deeming them vulgar and a product of a "dirty mind," which has "shamed" society. The apex court also flagged the "vacuum" in law when it comes to content on platforms such as YouTube and said "all kinds of things were going on." The ministry told the committee that it would submit a detailed note after due deliberations.

The committee had asked the ministry on February 13 regarding the amendments needed in the existing laws to clamp down on controversial content in the wake of the emergence of new technology and media platforms. Members across the party lines have joined the outcry over Allahbadia's comments, prompting the committee to write to the government.

Unlike conventional print and electronic content, which are covered under specific laws, new media services powered by the internet, such as OTT platforms or YouTube, have no specific regulatory legal framework, triggering demands for amending the laws.

While there is a view in some quarters that authorities may use new provisions to censor content for extraneous reasons, frequent outrage triggered by episodes like the one involving Allahbadia has given rise to the demand for strengthening the legal framework through amendments in the existing laws or by enacting new ones.

With the top court also stepping in, the Central government has taken up the issue. While hearing podcaster Allahbadia's plea for relief following the registration of FIRs against him, it was observed, "We would like to do something. If the government of India will willingly do it, we will be very happy. Otherwise, we are not going to leave this vacuum."

The ministry also issued an advisory to over-the-top (OTT) platforms and self-regulatory bodies, asking them to strictly adhere to the Code of Ethics prescribed under the IT Rules-2021 while publishing content. It also asked the self-regulatory bodies of OTT platforms to take appropriate proactive action in case of violation of the Code of Ethics by the platforms.

(With PTI Inputs)