The Supreme Court of India rejected a Public Interest Litigation (PIL) that urged a regulatory board to oversee over-the-top platforms and OTT digital streaming services.
The bench, headed by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, voiced concern over growing PILs related to policy matters. They said the court was missing the actual PILs that dealt with public welfare.
The plea argued that OTT platforms were airing their content without ensuring the checks. And balances that are in place while issuing licenses to traditional media, such as films and television serials. Advocate Shashank Shekhar Jha, who filed the petition, said that OTT platforms do not subject their content to the same approval process required for films in theatres. This leads to the airing of explicit scenes, violence, substance abuse, and other harmful content, often without proper warnings to viewers.
The petition also pointed out that the IT Rules 2021, as enacted by the Ministry of Information and Broadcasting, did little or nothing to regulate OTT platforms. The petitioner insisted that such services know the loopholes in the law. And publish controversial content by bypassing scrutiny mechanisms that threaten national security. They also claimed that such platforms run illegal gambling, drugs. And other prohibited activities without adhering to the same regulations imposed on traditional media.
The petition had wanted OTT platforms to avoid any harm by having a regulatory body screen. And regulate their contents before they are released to the public, just like movies and TV serials.
The petitioner asked the court to form a board or body to control digital content. Stating that the existing regulations on the subject were not sufficient. They suggested it should be headed by an IAS officer at the secretary level. And include representatives in various fields such as cinema, media, defense, law, and education.
The plea also highlighted that the absence of a certification mechanism-related mechanism. For the OTT platforms creates an unequal playing field between the traditional media and digital platforms. While traditional media always operate under strict regulations, OTT platforms function mainly in a non-regulated environment. This lack of parity is arbitrary and unjustifiable, argued the petitioner.
The court, therefore, dismissed the petition, holding that this was one of those regulatory issues on which there could not be a judicial intervention. And lay within the domain of policy-making.
ANI