• The Supreme Court of India dismissed a PIL seeking regulation of OTT and digital media content.
• The court stated that such policy matters should be addressed through the legislative process.
• The PIL proposed a Central Board for Regulation and Monitoring of Online Video Contents (CBRMOVC) to monitor and filter content.
• The dismissal of the PIL underscores the need for a legislative solution to balance content control and freedom of speech.

The Supreme Court dismissed a Public Interest Litigation (PIL) seeking the establishment of a regulatory board to monitor and manage content on Over-the-Top (OTT) and digital media platforms.

The plea was filed by advocate Shashank Shekhar Jha, who expressed concern over the lack of content controls on these platforms, leading to potentially harmful content being accessible without moderation.

The bench, headed by Chief Justice of India D.Y. Chandrachud, stated that the petition raised a policy matter that the apex court cannot adjudicate under Article 32 of the Constitution.

This article empowers the Supreme Court to issue writs, directions, or orders for the enforcement of the fundamental rights of citizens. The court emphasized that it is not the appropriate forum for such issues and that they should be addressed through the legislative process.

The plea argued that OTT and digital media platforms have provided filmmakers and artists a way to release content without worrying about obtaining clearance certificates from the censor board.

However, it also pointed out that these platforms operate without the same checks and balances that traditional media are subject to. This has led to a rise in explicit scenes, violence, substance abuse, and other harmful content, often without proper warnings.

The Need for an Autonomous Regulatory Body

The PIL sought the constitution of an autonomous body/board, namely a Central Board for Regulation and Monitoring of Online Video Contents (CBRMOVC), to monitor and filter the contents and regulate the videos on various platforms for viewers in the country.

The proposed board was suggested to be headed by an IAS officer of secretary level and have members from varied fields including movie, cinematographic, media, defense forces, legal field, and field of education.

The Union of India and the Ministry of Information and Broadcasting (MIB) introduced IT Rules 2021 to self-regulate OTT platforms. However, the PIL stated that these rules have been inefficient.

It argued that these platforms continue to exploit loopholes, putting out controversial content unchecked, which has national security implications and promotes things like gambling and drugs.

In November last year, the Union Ministry of Information and Broadcasting had called for suggestions on the Broadcasting Services (Regulation) Bill, 2023, with an aim to replace the Cable TV Networks (Regulations) Act 1995 and other policy guidelines that govern broadcasting services including DTH, OTT, and digital news platforms.

The draft bill intended to streamline regulatory processes, extend its purview to cover Over-the-Top (OTT) content and digital news, and introduce contemporary definitions and provisions for emerging technologies.

The Challenges of Regulating Digital Content

However, the government has also faced criticism and legal challenges over the potential impact on freedom of speech. The Supreme Court has dismissed a PIL seeking a separate regulatory board for OTT platforms, stating it's a policy matter.

The government is also in the process of formulating and consulting on the Broadcasting Services (Regulation) Bill, 2023, which aims to regulate broadcasting services, including digital content, but the details and final shape of the bill are yet to be finalized.

The Indian media and entertainment industry expects the new information and broadcasting minister Ashwini Vaishnaw to review and address some of the pressing issues, including content piracy, regulatory overreach, and censorship concerns.

A senior broadcaster who did not wish to be named said that the industry is waiting to see if Vaishnaw's experience with IT and electronics will ensure better understanding of how content should be managed across various platforms.