Online news portals, content creators now under govt regulation

The government has brought online content -- news on digital platforms as well as audio-visual programmes on OTT platforms like Netflix and Amazon Prime -- under the regulation of the Ministry of Information and Broadcasting. The move will allow the ministry to frame policies on its functioning.

So far, there is no law for governing digital content and the government cannot regulate it.

The Cabinet Secretariat issued a gazette notification on Tuesday late night bringing "films and audio-visual programmes made available by online content providers" and news and current affairs content on online platforms" under the ambit of the Ministry of Information and Broadcasting by amending the Government of India (Allocation of Business) Rules.

“These rules may be called the Government of India (Allocation of Business) Three Hundred and Fifty Seventh Amendment Rules, 2020. They shall come into force at once.

“In the Government of India (Allocation of Business, 1961, in THE SECOND SCHEDULE, under the heading 'MINISTRY OF INFORMATION AND BROADCASTING (SOOCHANA AUR PRASARAN MANTRALAYA)' after entry 22, the following sub-heading and entries shall be inserted, namely:- VA. DIGITAL/ONLINE MEDIA. 22A. Films and Audio-Visual programmes made available by online content providers. 22B. News and current affairs content on online platforms,” it said.

The move comes amid demands from a section seeking regulation of online content. While the print media is monitored by the Press Council of India, there is no regulatory body by the government or the industry to regulate online content. The News Broadcasters Association (NBA) monitors news channels while the Advertising Standards Council of India looks after advertisements and the Central Board of Film Certification (CBFC) looks into films.

The amendment now will give the Ministry power to formulate policies related to news, audio, visual contents and films available on online platforms.

Last year, Information and Broadcasting Minister Prakash Javadekar had said that there should be some kind of regulation on over-the-top (OTT) platforms like there is for the print, electronic media and films though he insisted that the Narendra Modi government would not impinge on media freedom.

The Ministry of Information and Broadcasting had also written to the Ministry of Electronics and Information Technology asking ways to transfer the latter's power to it for regulating online content on OTT platforms without amending the Information and Technology Act 2000.

Recently, the Supreme Court had sought the Centre's response on regulating OTT platforms by an autonomous body. It was hearing a Public Interest Litigation (PIL) on the issue. According to the plea, OTT and digital media platforms have given a way out for film-makers to release their content without getting clearance certificates from the Censor Board.

While hearing a case against Sudarshan TV in September, the Centre had told the Supreme Court that if it wishes to undertake an exercise to regulate media, it should first do so on “digital media”, as it has a wider reach than electronic or print media.

Also read — Notice issued to Sudarshan TV for violation of programme code: Centre tells SC

In its affidavit, the Centre had said that the publication or telecast in print or electronic media is a one-time act but the digital media has faster reach from a wider range of viewership or readership and has the potential to become viral because of platforms like WhatsApp, Twitter and Facebook.

Considering the “serious impact and the potential”, it said it was desirable that if the apex court decides to undertake the exercise (to regulate electronic media), it should first be undertaken with regard to digital media as there already exists sufficient framework and judicial pronouncements with regard to electronic media and print media.