JOIN USCentre's regulations don't have provisions to take action against digital platforms: SC
The Supreme Court on Friday found the recently introduced rules for Over the Top (OTT) platforms as "toothless" for lacking measures to deal with the violators.
After going through February 25 notification on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, a bench presided over by Justice Ashok Bhushan said that the "rules are more and more in the form of guidelines and have no effective mechanism for either screening or taking appropriate action for those who violates the guidelines."
Dealing with an anticipatory bail plea by Amazon Prime's Aparna Purohit, the bench, also comprising Justice R Subhash Reddy, pointed out that one of the issues, which have cropped up in Purohit's case, is regarding the control and regulation of platforms on which web series are released.
The court, which granted protection to Purohit, observed that the guidelines for regulating the web series and OTT platforms like Amazon and Netflix have "no teeth, as there is no provision for the prosecution of those who do not abide by these rules".
"These rules are only guidelines, there is no mechanism to control (the content on OTT platforms). Without legislation, there cannot be control on it," the bench said.
Solicitor General Tushar Mehta submitted that the government would consider and take appropriate steps for regulation or legislation as may be found fit. He agreed to place before the court the new measures.
The guidelines passed on February 25 for OTT platforms like Netflix and Amazon Prime, spelt out self-regulatory systems and grievance redressal mechanisms to uphold creative freedom and journalistic values.
Amazon Prime Video India head Purohit challenged the February 25 order of the Allahabad High Court order, which declined to entertain her anticipatory bail in connection with the FIRs lodged against her over the web series 'Tandav'.
The court had on Thursday favoured for some "screening" of web series and OTT (Over The Top) platforms, saying in some cases even pornography was being shown over there.
During the hearing, senior advocate Mukul Rohatgi, appearing for Purohit maintained that hundreds of movies were beamed on Netflix and Amazon Prime and there was no pornography.
He said that Purohit was not involved with the production, writing, direction of the web-series and was merely an officer of the Company which owned the platform on which the web series, 'Tandav' was released.