Digital/Online Media Now Under Govt. Regulation

• 13 Nov 2020

The Union Govt. has issued a notification on 9^th November to bring digital/online media platforms and films and audio-visual programmes provided by online content providers within the ambit of the Ministry of Information and Broadcasting.

The 2nd Schedule of the Government of India (Allocation of Business) Rules, 1961 has been amended and will be called the Government of India (Allocation of Business) Three Hundred and Fifty Seventh Amendment Rules, 2020 for the same.

Two new entries - 22A and 22B - to the Second Schedule of the Rules inserted are:

1. Films and Audio Visual programmes made available by online content providers
2. News and Current Affairs on online platforms.

Why such Regulation?

• Currently, there is no law or autonomous body governing digital content.
• Online content providers and news platforms come under the legal framework of the Information Technology Act, 2000 but, unlike print and broadcast media, were not directly under any Ministry.
• Since 2019, more than half-a-dozen cases have been filed in the Supreme Court and various high courts over “unregulated content” on OTT platforms.
• Increasing OTT platform users as well as industry, hence the need for regulation for quality of content that should not hamper the social fabric of nation as well as mislead people.

What are OTT platforms?

• It is a streaming media service offered directly to viewers via the Internet.Examples include Netflix, Amazon’s Prime Video, Hotstar and others.

Current Regulating Bodies

At the moment, there is a mix of autonomous, government and self-regulatory bodies for entertainment and news providers, depending on the platform:

• Print Media: Press Council of India, a statutory, quasi-judicial authority
• Television news:News Broadcasting Standards Authority, a self-regulatory body
• Films:Central Board of Film Certification, under the I&B Ministry
• Television Entertainment: Broadcasting Content Complaints Council, an independent and self-regulatory body.
• Advertising: Advertising Standards Council, a self-regulatory body.

Other Control Mechanisms

• The Information & Broadcasting Ministry has a mechanism to penalize television channels for any violation of the programming and advertising codes under the Cable Television Network (Regulation) Act, 1995.
• Complaints can be sent directly to the Ministry, or raised through the internal mechanism of the Electronic Media Monitoring Centre.