OTT: A case for a govt-industry joint governance model in India

Over the top (OTT) refers to en­t­­ertainment, educational or infor­mative content including documentaries that are availa­ble to any person accessing the same via the internet through a subscription model on their de­vice of choice. OTTs democratise accessibility that was earlier dependent on bundled content from conventional providers like television, cable, DTH, theatres and viewing houses. India is fast emerging as one of the top few countries for online cu­rated content, and as per industry reports, from Rs 4,300 crore in FY2019, the industry is expec­t­ed to grow to Rs 17,400 crore by 2024. This segment also calls itself the online curated content (OCC) industry. There are globally over 60 OTT players with almost 40 operating in India.

Considering the increasing evolution and penetration of such curated content, the gover­nment issued the much-awaited Information Techno­logy (Gu­i­delines for Interm­e­diaries and Digital Media Ethics Codes) Rules, 2021. The guidelines elaborate on the various parameters that intermediaries of all sha­p­es, forms and sizes will have to adhere to within three months of stipulated time frame that it will take to operationalise soon after being notified through a gazette.

While television content is governed by the Cable TV Net­work Act, 1995, and cinema by the Cinematograph Act, 1952, there were no specific laws or rules to regulate OTT platforms as this was a new medium of infotainment unlike conventional media. While Article 19(2) of Consti­tu­tion provides for reasonable restrictions, the IT Act has necessary provisions that can be evo­ked when necessary for ob­jectionable content with powers to block access. The said Inter­mediary Guidelines and Ethics Code provides an option for due diligence to be observed by inter­mediaries with reference to the information being showcased on their platforms. Plat­forms are already subject to provisions under IPC, 1860, that criminalise dissemination of defamatory content, delibera­te and malicious in­­tent etc. The pro­po­sed COTPA (ame­ndment) Bill by the Ministry of Health has provisions aga­inst tobacco advertising and its glamorisation on content by OTT platforms.

While OTT has been in existence for around a decade, it is only in recent times that these platforms have been debated upon due to their rising affinity, accessibility and affordability backed by the government and the private sector’s efforts to enhance internet penetration. OTT platforms, due to their di­v­ersity of content both from In­dia and abroad, have started to become a significant means of “anytime and anywhere” info­t­ainment access for the consu­mer. This curated medium ba­sed on age and content classification is consumed by various strata, thanks to the bundled and low-cost offerings from telcos and platforms alike.

The conventional viewing of content in India has so far been heavily dependent on a model that required big banners, na­mes and personalities for their creation, launches, marketing as well as reach. However, OTTs seem to have broken the big-banner dependency and catapulted many actors from different strata to “superstar” status breaking the walls that existed around the artistic fraternity both be­hind and in front of the camera. To­d­ay, an estimated 900,000 people are dir­e­ctly and another 2.7 million indirectly employed in the ent­ertainment industry. OTT seems to bring in a true ess­ence of freedom not bound by time, place and price, and enables consu­mer empowerment for choice.

There is a visible temperamental shift in the type and kind of content users now want to watch. OTTs have been at the centre of a sto­rm for displaying content that may be considered contrary to the beliefs of certain sections. Proper warnings on age classification, maturity filtr­a­tion, content descriptors etc are aspects very critical for OTTs to adhere to, lack of understanding of which has created a furore and discourse to clearly demarc­ate what degree and mechan­isms of control shall exist and with whom. There is a percept­ion that OTTs need to unders­tand the context of a geography whe­re the content is being released.

This medium has great pot­en­tial in a true democracy like India that is blessed with a creative and artistic community backed by a large population of that pat­ronises it. So, it is im­p­ortant for this indus­t­ry to continue to be responsible. While no government wou­ld neither want to excessively regulate or micro-manage any industry, en­a­bling provisions of existing laws that complement self-regu­lation can be a great way ahead.

Considering the quantum of content emerging and the number of players, it isn’t possible for even the government to micro-regulate content. There needs to be a middle path that combines regulations backed by a code for self-regulation, that may be ach­ie­ved through a gov­ern­ment-indus­try-gove­r­n­ance model, as seems the int­ent with the guidelines released for OTTs. The success of any re­gulation has to be soft-touch and any implementation and op­erational mechanism that can potentially delay cont­ent clearance can sound the de­a­th knell for the industry. Hen­ce, the need for a colla­bo­r­a­tive pra­c­tical model that is mut­ually respectful of art­istic freed­om, cultural and nat­ional se­n­si­t­ivities and yet choice to the consumer is the ideal way forward.

The author is a public policy professional and writes on policy and regulatory issues