• OTT Platforms, also known as the Over-the-top platform, are web-based services offering video and audio streaming content. The OTT platforms allow you to pay for the type of content you want to watch. You don’t have to deal with a cable operator, satellite connection, or other broadcast mediums.
• The best part that makes OTT more advantageous over the traditional viewership is accessibility and subscription-based service. You can access international-level content from anywhere around the world.

OTT market in India:

• In India, the OTT business is only about four years old. Netflix was the first OTT platform to launch, followed by Amazon Prime Video and more than 40 others. The first company to commission Indian originals was Amazon. Following that, Netflix delved into the realm of local content.
• Amazon Prime Video has around 17 million paying customers, second only to Disney+ Hotstar (18 million), with Netflix India having five million and Zee5 having 11 million or more.

Advantages of OTT Platforms:

• It is handy because the content is viewed at any time and from any location. A person with a smartphone and a decent internet connection can watch national and international films and television series of their choice.
• The cost of a subscription is reasonable. You may view lots of online content for a thousand rupees per year or 200 rupees per month.
• OTT platforms provide new and high-quality content. For OTT platforms, unique concepts and filming approaches are tested. The language barrier isn’t an issue because most sites have a range in multiple languages.
• You can watch the video material on multiple devices at any time. It also has a download option, allowing you to watch your favourite movies even if your internet connection is poor.
• OTT platforms offer an ad-free experience to viewers. Users won’t have to view the same advertisement over and over again, and they’ll be able to watch the show uninterrupted.

Disadvantages of OTT Platforms:

• People with poor internet connections will not be able to enjoy a smooth viewing experience. Access to the Internet is also required because the materials are only available online.
• Security and privacy are the two most pressing problems for OTT platforms. The information saved on their platform should not be exploited for illicit reasons, either during sign-in or in their search history.
• Another issue with OTT services is the lack of censorship. Therefore, people of all ages particularly children are exposed to a wide range of content not suitable to their age .
• People might quickly become addicted to OTT platforms due to the wide range of content offered, resulting in a limited social life.

OTT Regulation in India:

• OTT Platforms, unlike other media providers such as television, print, or radio, are comparatively new, and hence so far in India there are no such laws or rules governing and regulating the content on these platforms.
• Due to the pressure to regulate the content on these platforms, the Internet and Mobile Association of India (“IAMI”), which is the representative body of the OTT platform, came up with the idea of a self-regulatory model.
• But, this idea could not be implemented as the Government of India in November 2020 amended the Government of India (Allocation of Business) Rules, 1961 and brought the OTT Platforms under the purview of, Ministry of Information and Broadcasting.
• The government recently formulated the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(“IT Rules, 2021”) which replaced the Information Technology (Intermediaries Guidelines) Rules, 2011. Though the rules have been framed under the Information Technology Act, 2000, Part III of these Intermediary Rules, which is mainly concerned with the regulation of Digital news media and OTT Platforms, would be administered by the Ministry of Information and Broadcasting.

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

• These guidelines with respect to OTT platforms state that they should comply with the laws of India and not stream content against integrity and sovereignty of India, ensuring security of the country and friendly relations with foreign countries and not stream content which may disturb public order. The platforms also have been cautious of various racial and religious beliefs and practices.
• They need to set up a 3 tier redressal mechanism. First-tier will be a grievance redressal mechanism set by the platforms themselves. The second tier, being a self-regulatory body, headed by a retired Supreme Court or High Court Judge or other eminent person. The third tier will be an inter-ministerial committee (IMC) set up by the government as an ‘oversight mechanism’. This committee will be formed on the same lines as followed by the TV industries such as the BCCC.
• The platforms also have to provide age ratings such as’ U’ or universal rating and others as per age groups.

Procedure in IT Rules:

• An inter-departmental committee considers complaints on content and makes recommendations.

• The Authorised Officer has to take the approval of the Secretary, I&B, before directing the publisher or intermediary to block the relevant content.
• There is an emergency provision under which the Secretary may order content blocking as an interim measure, and thereafter confirm it after getting the committee’s views.
• All such blocking orders are meant to be examined by a review committee, which ought to meet once in two months, but it is not known whether the panel meets regularly.
• The Government, which discloses how many videos it has got removed, must also reveal the outcome of such reviews, if any.

Concerns:

• Offensive content such as hate speech, incitement to violence and child pornography pose a challenge to the dignified use of online space.
• Propagation of hate and communally sensitive material over the free video sharing website
• Sensitivity of information: The content in these videos is based on intelligence inputs and may relate to sensitive issues such as references to Kashmir, the Agnipath scheme, false claims about the rights of religious minorities being taken away and dissemination of material portending civil war.
• Validity of claims: If these claims are true and if the content transgresses the boundaries of free speech or threatens public order and security, such take-down orders may be justified.
• Concern over process: However, the manner of their passing remains an unrevealed process, as it is not known if the originators of the content were given an opportunity to explain their stand before the blocking orders were issued. Section 69A of the IT Act, which empowers the Government to block content, was upheld by the Supreme Court only after it noted that the rules provided procedural safeguards, including the need to issue notice to the originators or the intermediary, before a blocking order.
• Requiring messaging services to enable the identification of the first originator of information on its platform may adversely affect the privacy of individuals.
• The procedure for emergency blocking of content of online publishers lacks certain safeguards – ground include national security and public order, without giving the publisher an opportunity of hearing.
• Oversight mechanism for digital news media lacks the independence accorded to print news.