As Netflix Series IC 814 Sparks OTT Regulation Debate, A Look at What Stalled Broadcasting Bill Could Have Changed

The controversy over IC-814: The Kandahar Hijack, the new Netflix series, escalated on Monday as the Information and Broadcasting Ministry summoned the content head of the streaming platform to explain why the series should not be taken off air amid boycott calls, reigniting the debate over regulation of OTT content.

The row erupted on social media on Sunday as many pointed out the non-Muslim names of the hijackers in the show and sought that the series be discontinued.

At present, there is no centralised certification or regulatory mechanism set in place that governs the content shown on OTT platforms despite long-standing demands for the same.

In a step believed to be towards OTT regulation, the government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, on February 25, 2021, under the relevant provisions of the Information Technology Act.

Provisions of Self-Regulation Under IT Rules 2021

The rules lay the groundwork for regulating OTT platforms in India, introducing a structured approach to content regulation, digital news oversight, and grievance redressal mechanisms.

Content Self-Classification

Under the IT Rules 2021, OTT platforms are required to classify content into five age-based categories:

U (Universal): Suitable for all age groups.

U/A 7+: Suitable for viewers aged 7 and above, with parental guidance advised for younger children.

U/A 13+: Suitable for viewers aged 13 and above, with parental guidance advised for children below 13.

U/A 16+: Suitable for viewers aged 16 and above, with parental guidance advised for children below 16.

A (Adult): Suitable only for adult viewers.

In addition to these classifications, OTT platforms must implement parental locks for U/A 13+ content and age verification mechanisms for content classified as “A.”

Grievance Redressal Mechanism

A three-tier grievance redressal system has been established to address complaints related to content on OTT platforms:

Level I: Self-Regulation by Publishers: Publishers are required to appoint a Grievance Redressal Officer (GRO) in India to address grievances within 15 days.

Level II: Self-Regulation by Bodies of Publishers: These bodies, led by a retired judge or an independent eminent person, oversee the adherence to the Code of Ethics by publishers and address grievances that remain unresolved at Level I.

Level III: Oversight by the Ministry of Information and Broadcasting: This level includes the establishment of an Inter-Departmental Committee and the publication of a charter for self-regulating bodies.

WHAT CHANGES WAS THE BROADCASTING BILL, 2023, BRINGING IN

The original proposed draft of the Broadcasting Bill, 2023, which is now pushed for further consultations until October 2024, was the government’s attempt to regulate digital content, bringing digital players under the definition of ‘Broadcasters’.

Much like the provisos listed under IT Rules, 2021, the draft Broadcasting Bill also provided for “self-regulation” of content. However, the Bill added two additional layers of regulations.

Section 24 of the Bill provided for a “Regulatory Structure” listing out three levels of regulations — First being the self-regulation mechanism by a grievance redressal officer appointed by the broadcaster itself under Section 25; the second level of regulations was proposed to be done by a self-regulatory organisation of broadcasters that is to be registered with the Union government under Section 26; the third and most crucial level of regulatory mechanism comes under Section 27 with the constitution of a “Broadcast Advisory Council” or BAC by the Centre.

The BAC, as per Section 27 of the draft Bill, is to be constituted of 11 members, with one being a chairperson who has over 25 years of experience in the field of media and broadcasting.

The section provides that five ex-officio members will be nominated by the Union government to represent the Ministry of Information and Broadcasting, Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of External Affairs, and Ministry of Social Justice and Empowerment.

The final five members will also be nominated by the Centre with experience in the fields of media, entertainment, broadcasting, child rights, disability rights, rights of women, human rights, law and other such relevant fields.

The functions of BAC, as provided under Section 28 of the draft Bill, would be to hear complaints about violations that either arise out of appeals against the self-regulatory committees or are directly referred to by the Union government.

The Bill provided for sanctions in case of violations under Section 35 — which gives power to the Centre to order a deletion or modification of certain kind of content or seek a displayed apology by the content provider concerned.

Therefore, should the Bill be tabled without major changes or dilution from its present form in the next sessions of Parliament, one could expect a centralised mechanism for OTT regulation in India with the government having powers to seek modification of content.

Previous Attempts Made Towards OTT Regulation

Several legislative efforts have been made to regulate OTT platforms in India beyond the 2021 IT Rules. The Over-The-Top Platforms Regulatory Authority Bill, 2021, introduced by BJP MP Manoj Kotak in August 2022, seeks to ban violent, abusive, or vulgar content on OTT platforms, but remains pending.

The Telecom Communications Act, 2023, initially included references to OTT platforms, but these were removed in the final draft, with minister Ashwini Vaishnaw clarifying that the Act does not regulate OTT content.

Additionally, Broadcasting Bill, 2023, which aimed to regulate OTT and digital platforms, was put on hold and withdrawn, with further comments and suggestions invited until October 15, 2024.