JOIN USAmazon Prime Video's India head to not be arrested in 'Tandav' case: Supreme Court
The Supreme Court on Friday granted protection from arrest to Amazon Prime's Aparna Purohit in a case related to hurting sentiments through web series Tandav, while finding the recently introduced rules for Over-the-Top (OTT) platforms as "toothless".
A bench presided over by Justice Ashok Bhushan asked her to cooperate in probe in the FIR lodged by the Uttar Pradesh police.
Hearing her plea for anticipatory bail, the court observed that the guidelines framed by the Centre on February 25 for regulating the web series and OTT platforms like Amazon and Netflix had "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.
The court was hearing the plea of Amazon Prime Video India Head Purohit against the Allahabad High Court order, which declined to entertain her anticipatory bail in connection with the FIRs lodged against her over web series Tandav.
The court pointed out "uncontrolled and unscreened" viewing of films on OTT platforms is an issue. The bench stressed that a law should be framed to put in place a mechanism to control the content on these online platforms. "The rules are more of guidelines in nature with no effective measure of either screening or taking effective action against those who do not follow," said the top court.
Solicitor General, appearing for the Centre, asked for two weeks' time in the matter.
Senior advocate Mukul Rohatgi maintained that hundreds of movies were beamed on Netflix and Amazon Prime and there was no pornography.
The court had on Thursday favoured for some "screening" of web series and OTT platforms, saying in some cases even pornography was being shown over there.