India’s prominent over-the-top (OTT) industry lobby groups have informed the government that their OTT platforms are proactively ensuring compliance with the IT Rules before publishing any content.
In separate but identical letters to the Ministry of Information and Broadcasting (MIB), the Indian Digital Media Industry Foundation (IDMIF) and the Internet and Mobile Association of India (IAMAI) stated that OTT platforms are undergoing a comprehensive process to ensure that their content adheres to the Code of Ethics outlined in the IT Rules 2021. These platforms are referred to as Online Curated Content Platforms (OCCPs) within the rules.
The lobby groups further emphasized that OCCPs are taking precautionary measures to prevent content that could adversely affect India’s sovereignty, integrity, security, bilateral relations with other nations, incite violence, or disrupt public order.
Recognizing the diversity of India, both organizations highlighted that each OCCP is exercising caution and discretion when portraying actions, beliefs, customs, or opinions of any racial or religious group.
“We would like to reiterate our commitment to producing world-class content in India and establishing the country as a global content hub, in line with the vision of the Prime Minister and the Minister of Information and Broadcasting. Furthermore, we are fully dedicated to complying with the Code of Ethics specified in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,” expressed the letters.
To ensure awareness among creators and producers, IDMIF and IAMAI shared that each OCCP will take responsibility for sensitizing them about the Code of Ethics while developing films, series, or documentaries. When dealing with sensitive subjects related to social issues, minority communities, and religious groups, OCCPs will consult experts from various fields, such as academia, law, judiciary, activism, and business.
This communication comes after the MIB conducted meetings with OCCPs on June 20 and July 18 to address concerns regarding the presence of explicit content, abusive language, and violence in OTT content.
Anurag Thakur, the Minister of Information and Broadcasting, expressed apprehensions about vulgarity and obscenity during the meeting with OTT platforms on July 18.
Despite not being invited to the meeting, IDMIF and IAMAI decided to respond to the MIB collectively through their respective industry bodies.
Both IDMIF and IAMAI, although independent self-regulatory bodies (SRBs) under the IT Rules, adopted a unified approach to alleviate the MIB’s concerns regarding OTT content.
Apurva Chandra, Secretary of MIB, highlighted the need to strengthen internal regulatory mechanisms and ensure due diligence regarding the suitability of content showcased by OTT platforms based on the June 20 meeting with the platforms and their SRBs.
Combined, IDMIF and IAMAI’s SRBs comprise 42 OTT platforms. IAMAI has 32 members, including Netflix, Amazon Prime Video, Hungama, and ShemarooMe, while IDMIF has 10 members, including JioCinema, SonyLIV, Disney+ Hotstar, and ZEE5.
In addition, IDMIF and IAMAI pledged to enhance self-regulatory mechanisms by educating members about their responsibilities as OCCPs, providing age rating advisories, raising awareness of access controls, conducting awareness campaigns, and overseeing review procedures.
IDMIF, formed by the Indian Broadcasting and Digital Foundation (IBDF), also operates a self-regulatory body called the Digital Media Content Regulatory Council (DMCRC) under the IT Rules. IAMAI’s SRB is known as the Digital Publisher Content Grievances Council (DPCGC).
Under the IT Rules, a three-tier grievance redressal mechanism is mandated for OTT content. At the initial stage, the OTT platform evaluates the complaint against a content property. An industry organization handles the investigation at the second level, and the MIB addresses complaints at the third stage.
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