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Netflix, Amazon Prime Video to be regulated by I&B ministry now

The government has issued an order bringing online films and audio-visual programmes, and online news and current affairs content under the Ministry of Information and Broadcasting. Digital content providers and Over-the-top (OTT) platforms such as Netflix, Amazon Prime Video and Hotstar will now be regulated by the Union ministry headed by Prakash Javidekar. At present there is no independent authority to oversee the digital content in the country.

A notification in this regard was issued by the cabinet secretariat stated that “films and audio-visual programmes made available by online content providers and news and current affairs content on online platforms” shall be included in the ‘India (Allocation of Business) Rules, 1961.

No autonomous body governed digital content

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 at present, there is no law or autonomous body governing digital content or OTT platforms.

What lead to the decision?

The development has come days after the Supreme Court sought Centre’s response on a Public Interest Litigation (PIL) seeking regulation on OTT platforms 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.

“With cinemas theatres unlikely to open anytime soon in the country, OTT/Streaming and different digital media platforms have surely given a way out for filmmakers and artists to release their content without being worried about getting clearance certificates for their films and series from the censor board,” the plea stated.

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 plea had alleged.