New IT regulations will keep OTT platforms in check: Centre tells SC

The Union government on Tuesday told the Supreme Court that the recently enacted IT regulations were similar to laws in Singapore, EU and Australia and would keep a strong check on objectionable content on Over-The-Top (OTT) platforms.

In an affidavit filed before the court, the Ministry of Information and Broadcasting said
the rules were notified on February 25, 2021, for social media platforms, OTT players and digital media upon receiving complaints over content.

There is a mechanism for regulation of OTT platforms under the Information Technology Act, 2000, and the newly framed Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the affidavit said.

It stated that the government was already seized of the need for developing an institutional mechanism regarding regulation of audio-video content streamed on OTT platforms and it has been in active consultation with stakeholders for over two years.

"Various jurisdictions across the globe like Singapore, European Union, Australia, etc, have also framed similar mechanisms regulating or restricting access on the OTT platforms," it said.

The response from the government came on a plea filed in the top court for regulation of content on over-the-top (OTT) platforms.

The affidavit added that the government had received several complaints, representations from members of civil society, MPs, chief ministers regarding content being streamed on OTT platforms.

"In respect of the Internet, the IT Act has provisions for prohibiting publishing or transmitting content that is obscene, containing sexually explicit act or containing sexually explicit act involving a minor under Sections 67, 67A and 67B," the affidavit said.

It pointed out that there are also provisions for criminal proceedings with punitive measures.

"The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) rules 2021 are comprehensive in nature and framed keeping in view the major audience enjoyed by OTT platforms and maintaining a fine balance so that various age groups are taken into an account and a healthy classification is being done," it said.

The top court on March 5 had observed that the Centre's guidelines on regulating content on OTT platforms were toothless.