The Government has brought online mediums, including films and news portals, under the Ministry of Information and Broadcasting. The I&B Ministry will also regulate online audio-visual programmes and current affairs content, according to the amendment order signed by President Ram Nath Kovind on Monday. As per this order digital content providers such as Netflix, Amazon Prime Video, and Hotstar will now be regulated by the I&B Ministry.
While the Press Council of India (PCI) looks after the print media, the television news channels come under News Broadcasters Association (NBA). The Advertising Standards Council of India is for regulating the content of the advertisements and Central Board of Film Certification (CBFC) monitors films, but there is at present no law or autonomous body Governing digital content or Over-the-top (OTT) platforms and the Government was facing questions from courts on many petitions.
The Supreme Court recently sought the Centre’s response on a Public Interest Litigation (PIL) for regulating OTT platforms such as Netflix and Amazon Prime Video by an autonomous body. The PIL stated that digital content on these platforms is made available to the public at large without any filter or screening and the Government has sought time to reply in this case.
A Bench comprising Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian had issued notices to the Central Government, Ministry of Information and Broadcasting (I&B) and Internet and Mobile Association of India (IAMAI). None of the OTT/streaming platforms, including Netflix, Amazon Prime, Zee5, and Hotstar, have signed the self-regulation provided by the I&B Ministry since February 2020, the petition challenging the contents of the OTT platforms said.
Anticipating Government’s intervention, in January 2019, eight video streaming services introduced a self-regulatory code that laid down a set of guiding principles for content on these platforms. Government did not support this in court. Now after the new order, the I&B Ministry got the regulatory power.
The notification issued by the Cabinet Secretariat has amended the Government of India (Allocation of Business) Rules, 1961 by inserting two new entries — 22A and 22B — to the Second Schedule of the Rules.
“The two new entries are as follows: 1. Films and Audio Visual programmes made available by online content providers. 2. News and Current Affairs on online platforms,” said the Order.
The Central Government had recently told the Supreme Court that digital media is “uncontrolled” and needs to be regulated. I&B Ministry had told the apex court that any endeavour to regulate media has to begin with digital media. This stance was taken by the Centre during the hearing of a case concerning Sudarshan TV’s controversial “UPSC Jihad” programme in which the court was contemplating framing of guidelines to regulate television channels.
Thursday, 12 November 2020 | PNS | New Delhi
