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<ul><li><keyword id="5293670" type="UNKNOWN" weightage="20" keywordseo="OTT-platforms">OTT platforms</keyword> and <keyword id="10257445" type="UNKNOWN" weightage="20" keywordseo="news-content-providers">news content providers</keyword> in India will no longer be regulated by the Ministry of Electronics and Information Technology (MeitY) but by the Information and Broadcasting (I&amp;B) Ministry instead. </li><li>The changing of the guard comes with its own set of challenges like figuring out how user-generated content will be handled versus curated content.</li><li>The <keyword id="57751" type="ORGANIZATION" weightage="20" keywordseo="IB-ministry">I&amp;B Ministry</keyword> will also have to figure out how to navigate the multilingual landscape where more and more players are popping up by the day.</li></ul><keyword id="2976376" type="PERSON" weightage="20" keywordseo="Amazon-Prime-Video">Amazon Prime Video</keyword>, Netflix, Disney+ Hotstar and other over-the-top (OTT) platforms will no longer fall under the jurisdiction of the Ministry of Electronics and Information Technology (MeitY). Instead, their content will be regulated by the Information and Broadcasting (I&amp;B) Ministry, according to a notification signed by India's President Ram Nath Kovind. This is contrary to the ‘self regulation’ that the platforms prefer. However, the move has not come as a surprise. “Convergence of various ministries is extremely necessary with changes that are coming only in the country but also beyond,” said Amit Khare, secretary of the I&amp;B Ministry, during a <a href="https://eframes.24x7attend.in/">FICCI webinar</a> back in July when he hinted that a changing of the guard may be in the works. <div type="twitter" handle="barandbench" handlename="Bar &amp; Bench" image="http://pbs.twimg.com/profile_images/1304761912068984833/5-qPfQOb_normal.jpg" favoritecount="295" retweetcount="74" status="Cabinet Secretariat amends Government of India (Allocation of Business) Rules to bring online news and current affa… https://t.co/JwWP7pEVYN" createdat="1605072916000" id="1326398066203758592"></div> Distinguishing between user-generated content and curated content According to the Counterpoint analyst Tarun Pathak, the change in regulation marks a significant change. But the challenge now will be to distinguish between streaming platforms that curate content — like Netflix, Amazon Prime and others — and platforms that host user-generated content, which includes the likes of YouTube and Facebook. The latter are deemed ‘intermediaries’ under the IT Act and do not have active control over the content available on such platforms. The IT Act also recognizes this distinction between different platforms. It is uncertain as of right now whether that same distinction will be made under the I&amp;B Ministry's rule as well. The surge in online content The regulatory regimes for platforms in India — print, radio, television, films, and now, OTT — have largely been developed as per the platform. Some are self-regulated, some are pre-regulated, some are post-regulated and one still stands unregulated. Until now the likes of Amazon, Netflix, Disney+ Hotstar and others fell under the jurisdiction of the MeitY since they are digital solutions. Moreover, at the time of the formation of the IT Act, the OTT platforms had limited penetration. And, since then, their content has been largely unregulated with the exception of any self-regulation they put in place for themselves. The explosion in use of these platforms due to cheap smartphones and affordable data tariffs made the debate on regulation inevitable. “As many platforms are user content-driven and multilingual, it is almost impossible to set up a film like certification system. The internet by nature is free to circulate content, and there is always a very thin line between regulation and censorship,” Tanu Banerjee, the Media &amp; Entertainment Partner at Induslaw, told Business Insider. “In my view, it should be a collaborative approach between the Govt and OTT platforms players to come up with a mechanism to make the internet a better place for its users.” I&amp;B vs MeitY Two years ago, I&amp;B formed a committee to devise ways to regulate online media and other Internet content was <a href="https://www.hindustantimes.com/india-news/ministry-of-information-and-broadcasting-panel-to-be-replaced-soon/story-xZEXuPqIyoitGmRyFIt3gN.html">disbanded</a> after the Prime Minister’s cabinet was reshuffled. Its mandate was handed over to a panel overseen by MeitY. Then earlier this, when the topic of regulation was broached again, MeitY asserted that the Information Technology (IT) Act 2000 and its intermediary guidelines governed the conduct for all third party content — including content pushed by OTTs. This meant that the regulation of online platforms stands with MeitY, not the I&amp;B Ministry. I&amp;B, on the other hand, has been asking streaming services to come up with a code of conduct and finalise the details of the Digital Content Complaints Committee (DCCC), similar to the Broadcast Content Complaints Committee (BCCC). It was only in September 2020, that <a href="https://www.businessinsider.in/policy/news/self-regulation-code-adopted-by-disney-hotstar-amazon-prime-and-other-ott-platforms-what-is-this-code/articleshow/78009955.cms">17 large OTT players signed a self regulation code to govern content on their platform</a>, which included the mandate to have a DCCC set up. SEE ALSO: <a href="https://www.businessinsider.in/politics/india/news/checkout-here-bihar-assembly-election-2020-results-and-updates-online/articleshow/79142084.cms">Bihar Election Results 2020: Final tally puts NDA in the majority with 125 seats as RJD remains the single largest party</a> <a href="https://www.businessinsider.in/business/ecommerce/news/americans-cant-resist-the-alibaba-singles-day-sales-us-tops-in-gmv-for-sales-from-the-chinese-e-commerce-giant-so-far/articleshow/79165246.cms">Americans can’t resist the Alibaba Singles’ Day Sales – US tops in GMV for sales from the Chinese e-commerce giant so far</a> <a href="https://www.businessinsider.in/india/news/psu-bank-employees-wage-revision-finalised-after-three-years-of-waiting-only-a-1500-increase-in-salary-for-officers/articleshow/79166497.cms">PSU bank employees wage revision finalised after three years of waiting — only a ₹1,500 increase in salary for officers</a>

The likes of Hotstar, Netflix and even news content providers will now be regulated by the I&B Ministry, contrary to what the platforms would like

<ul><li>Regulation of OTT platforms and digital news providers will now fall under the gambit of the Information and Broadcasting (I&amp;B) Ministry instead of the Ministry of Electronics and Information Technology (MeiTY).</li><li>With the winter session of parliament right around the corner, many are nervous that this could indicate more than just the changing of the guard. </li><li>Here are the burning unanswered questions that the online community is wondering about.</li></ul>The regulation of OTT platforms like <keyword id="128682" type="COMPANY" weightage="20" keywordseo="Netflix">Netflix</keyword>, HotstarDisney+, Amazon Prime Video and others has been pulled from the Ministry of Electronics and Information Technology (MeiTY) and handed off to the Information and Broadcasting (I&amp;B) Ministry. Aside from the changing of the guard, the government is yet to shed light on what it actually means for the OTT channel and news content curators themselves. One can only assume that a new regulatory framework will be put in place to address the challenges that have cropped in recent years. The winter session of Parliament is also right around the corner. “Although there is little to no clarity about what this entails for different types of intermediaries, platform and content creators, it portends a regime with more interference from the Ministry of I&amp;B and less reliance on self-regulation by the OTT platforms extending the censorship heavy legacy to the Internet,” technology lawyer and founder of the Software Freedom Law Center (SFLC) told Business Insider. Despite the ambiguity, Internet Freedom Foundation chair and founder of SaveTheInternet Raman Chima, also believes that this is more than just a reorganisation of departments. “It does indicate government intent. That is definitely worrying. This change was made without any proper public consultation,” he explained on <a href="https://twitter.com/tame_wildcard/status/1326553154893217795">Twitter</a>. Here are some of the unanswered questions around what the change in regulations could mean for OTT platforms and news content providers: <ul><li>Will the government be holding a discussion with stakeholders before implementing new regulations?</li></ul>Some experts believe that there is a trend in the making. First, the government added a regulatory structure around foreign direct investment (FDI) and now, it’s looking to regulate content. <ul><li>Will the new regulations be on par with current regulations currently in place?</li></ul>The key obstacle they will face is that, at a technical level, broadcast, print and digital aren’t the same. This will make treating them as the same increasingly difficult. <ul><li>How will user-generated content be regulated on platforms like YouTube, Facebook and others?</li></ul>While OTT platforms curate content and are responsible for what goes up on the platform, YouTube and Facebook are ‘intermediaries’. This means that they do take any responsibility for the content that is posted on their site, and instead pass the buck onto individual users. <ul><li>How will digital news media be defined? Will personal channels like Dhruv Rathi and Akash Banerjee come under digital news media?</li></ul>The mediums used to dispense the news in the digital era expands well beyond the written word or even structured news publications. There are influencers like Dhruv Rathi analysing the news, personalised newsletters that people can subscribe to, instagram alerts and so much more. The new regulations will have to define what amounts to news, and what does not. <ul><li>Will every news organisation on the internet will have to register itself?</li></ul>Not every news publication exists in the brick-and-mortar world, some are only digital. In fact, the freedom to register a website and dispense content at a minimal cost is of the primary pros of being on the internet. But non-digital news organisations have to register and get government approval before they can take off. If the same applies to the online world, it should lead to a drastic cut in the number of publications able to report the news. <ul><li>Will this mean nobody can post on YouTube or Facebook if they’re not registered?</li></ul>In addition to channels and influencers, day-to-day users also express their opinion and share the news online. Like FM channels, will this mean that those who are not registered will no longer be allowed to post about the news on social networking hubs like Facebook, Twitter and YouTube? Will generic vlogs be flagged or taken down should they make mention of any current events? <ul><li>Will there be a cap on subscriptions and memberships, or a minimum rate that can be charged?</li></ul>News publications and individuals are also offering newsletters and subscriptions. The new slew of regulations hold the potential to cap the number of people who can sign up. They could also dictate a ceiling price that would limit how much can be charged for such services. <ul><li>Is the government going to block any news outfit or OTT that’s not registered in India?</li></ul>In addition to the publications in India, it’s uncertain what the regulations will mean for foreign entities. While they do report on India, without registering with the government on par with print regulations the government may block access. <ul><li>Will content rules for OTT platforms now be the same as the ones for television channels?</li></ul>Television channels have to adhere to strict rules about what can and cannot be said while OTT platforms do not. This has been one of the critical reasons behind the success of shows like Sacred Games, or Mirzapur. <ul><li>Will movies that release exclusively on the internet now require a certification from the licensing board?</li></ul>Movies that get released online don’t need to be licensed by Central Board of Film Certification. But with the I&amp;B Ministry at the helm, they may have to adhere to the rules and regulations of the board, which many fear will restrict creative expression. The way news is disseminated is also diversifying. Publications have alerts on WhatsApp and Telegram, others have personalised newsletters, and most are spread across difficult mediums — from text to video to podcasts. Individual states already have anti fake-news task forces within their ranks that have thus far proven ineffective, other than in cases on anti-government news deemed to be misleading. Given the wide array of complications in implementing blanket regulations, the task will be nearly impossible to execute. So, what remains to be seen, is what the government’s intent is behind bringing a new regulatory authority for OTT platforms and news content providers. SEE ALSO: <a href="https://www.businessinsider.in/tech/apps/news/google-photos-will-no-longer-offer-free-and-unlimited-photo-uploads-starting-june-next-year/articleshow/79184955.cms">Google Photos' most endearing feature is going out the window starting June next year</a> <a href="https://www.businessinsider.in/india/news/psu-bank-employees-wage-revision-finalised-after-three-years-of-waiting-only-a-1500-increase-in-salary-for-officers/articleshow/79166497.cms">PSU bank employees wage revision finalised after three years of waiting — only a ₹1,500 increase in salary for officers</a> <a href="https://www.businessinsider.in/tech/apps/news/instagram-down-users-complain-of-frozen-timelines-and-likes/articleshow/79146012.cms">Instagram down for a second consecutive day — Facebook is working on a fix but has not disclosed what's wrong</a>

Unanswered questions as regulation of OTT platforms and digital news providers moves from one government department to another

<ul><li>India’s central government has filed a petition to move all the pending petitions against OTTs like <keyword id="2976376" type="PERSON" weightage="20" keywordseo="Amazon-Prime-Video">Amazon Prime Video</keyword>, Netflix and Disney+Hostar to the Supreme Court.</li><li>Currently, various pending cases are spread across different High Courts of the country.</li><li>The move comes just two days after Union Minister <keyword id="162110" type="PERSON" weightage="20" keywordseo="Prakash-Javdekar">Prakash Javdekar</keyword> told the Rajya Sabha that India’s new OTT guidelines are almost ready and the stakeholders will be notified soon.</li></ul>Netflix, Amazon Prime Video, <keyword id="8989544" type="UNKNOWN" weightage="20" keywordseo="disney-hotstar">Disney Hotstar</keyword> and other over-the-top (OTT) platforms in India may have more to worry about as the Indian government looks to transfer pending cases against them from different High Courts in the country to the Supreme Court. The move comes just two days after the Union Minister Prakash Javdekar told the Rajya Sabha that India’s new OTT guidelines are almost ready and the stakeholders will be notified soon. <div type="twitter" handle="LiveLawIndia" handlename="Live Law" image="http://pbs.twimg.com/profile_images/897707258334916608/nMQWwGlo_normal.jpg" favoritecount="41" retweetcount="7" status="OTT guidelines are almost ready and will be notified soon, Union Minster Prakash Javdekar tells Rajya Sabha.… https://t.co/nak8JLLsej" createdat="1612844509000" id="1358994486471237633"></div> The central government specifically named <keyword id="3194526" type="PERSON" weightage="20" keywordseo="Netflix-India">Netflix India</keyword>, Amazon Prime Video, Disney+Hotstar, Alt Balaji, Sony Liv, Zee5, Arre OTT, Y Films, VOOT, ULLU Digital, Hoichoi, and VIU in its transfer petition. What’s the ruckus about? Currently, the OTT platforms fall outside the regulatory framework of the Central Board of Film Certification. This means that, by law, they are not required to get certified by the government and can release their movies and shows without any oversight. OTT platforms, which were formerly under the purview of the Ministry of Electronics and Information Technology (MeitY), were recently shifted to come under the gambit of the Information and Broadcasting (I&amp;B) Ministry. Recent shows like Taandav, Paatal Lok, Sacred Games, Mirzapur and others have come under scrutiny for hurting religious sentiments and being offensive to specific communities. However, the specific High Courts where these petitions have been filed have rejected or refused to entertain the petitions because they do not fall under their purview. Petitions against OTTs bounce from one High Court to the next In August 2019, for instance, the Karnataka High Court rejected a petition seeking the regulation of OTT platforms saying that the court cannot frame such regulations. More recently, the Allahabad High Court rejected the petition seeking to ban XXX2 and Paatal Lok — both on Amazon Prime Video — for the same reason. The bench headed by Chief Justice Govind Mathur and Justice Siddharth Verma told the petitioner to file his complaint before the relevant central government authority. In a third incident, the Madhya Pradesh High Court also refused to entertain a petition seeking a ban on Amazon Prime Video’s Tandaav. As of February 2020, the High Courts of Punjab, Haryana, Allahabad and Madhya Pradesh are considering petitions which are seeking the regulation of OTT platforms, according to <a href="https://www.livelaw.in/top-stories/ott-regulation-centre-seeks-transfer-of-cases-pending-in-high-courts-to-supreme-court-169723">LiveLaw.</a> If the central government’s petition is accepted, all of these pending cases will be heard by the Supreme Court. And, the ruling against them may be according to the new OTT regulations that the government is poised to put out shortly. SEE ALSO: <a href="https://www.businessinsider.in/defense/news/india-and-china-begin-to-disengage-from-friction-areas-along-the-border/articleshow/80831679.cms">India and China begin to disengage from friction areas along the border — terms and conditions apply</a> <a href="https://www.businessinsider.in/international/news/twitter-faces-a-political-disaster-in-india-where-its-taking-heat-from-both-the-government-and-protesters-over-the-suspension-of-accounts/articleshow/80790166.cms">Twitter faces a political disaster in India, where it's taking heat from both the government and protesters over the suspension of accounts</a> <a href="https://www.businessinsider.in/tech/news/at-least-35000-gamers-were-complaining-when-ps4-and-ps5-network-went-down-for-an-hour-a-little-after-dawn/articleshow/80826872.cms">How big is Playstation in India⁠ — at least 35,000 gamers were complaining when PS4 and PS5 network went down for an hour a little after dawn</a>

India's new OTT regulations are just around the corner and the central government wants to transfer pending cases to the Supreme Court

<ul><li>Disney+ <keyword id="2739840" type="PERSON" weightage="20" keywordseo="Hotstar">Hotstar</keyword>, <keyword id="2976376" type="PERSON" weightage="20" keywordseo="Amazon-Prime-Video">Amazon Prime Video</keyword>, Netflix and 13 other large OTT players in India have signed a <keyword id="9906478" type="UNKNOWN" weightage="20" keywordseo="self-regulation-code">self regulation code</keyword> to govern content on their platform. </li><li>While self-regulation has been successful in some instances, in the online world the Facebook and Twitter story has not inspired confidence so far. </li><li>Whether or not the government will choose to intervene will depend on the success of how the new self regulation code is enforced. </li></ul>Content providers in India may have signed a self-regulation code at the government’s behest but that doesn’t necessarily mean that they will be free from scrutiny in the future. A lot depends on the success of their new regulation framework. It could either go the way of Facebook and Twitter where the self-imposed policies are in place, but enforcement, loopholes, and biases, has many wanting for more accountability. “Any failure to comply with the same can lead to future government intervention,” Rajat Prakash, a managing partner at Athena Legal told Business Insider. Or, since it’s one common code adopted by 15 large OTT players — including the big wigs like <keyword id="758541" type="ORGANIZATION" weightage="20" keywordseo="Amazon-Prime">Amazon Prime</keyword>, Disney+ Hotstar, Netflix and Zee5 — experts believe it could have a higher chance of success. “The code provides for a self regulation framework, and as such will not have legislative force. However, a self regulatory approach is not unprecedented and has been successfully adopted by several other industry sectors in the past, like advertising,” said Tanu Banerjee, a partner at IndusLaw. What is the self regulation code adopted by <keyword id="5293670" type="UNKNOWN" weightage="20" keywordseo="OTT-platforms">OTT platforms</keyword> in India? The self regulation code came into effect last month on August 15. It proposes a set of guidelines with respect to age classification, content descriptions, and access controls. All the OTT players who have signed the code are expected to adhere to the same guidelines. Individually, each OTT player will be required to set up a consumer complaints department. This will be the point of contact for consumers or anyone looking to cite a concern in regard to any of the content on the platform. An overarching advisory panel will also be set up consisting of an independent member — one who has no association with the OTT platform. This panel will advise the internal committee on decisions and issues. What does the government want? With theatres closed and nobody looking to step out of their house more than they have to, movies are being released directly onto OTT platforms. This means they are not required to have a Central Board of Film Certification, hence no rating, which is why the Information and Broadcast (I&amp;B) Ministry has been pushing to take over jurisdiction from the <keyword id="3428254" type="PERSON" weightage="20" keywordseo="ministry-of-electronics-and-information-technology">Ministry of Electronics and Information Technology</keyword> (MeitY). According to the I&amp;B Ministry, OTT platforms should be held to the same standards at films and television rather than being allowed to have a free reign. MeitY, on the other hand, argues that the Information Technology (IT) Act 2000 and its intermediary guidelines governed the conduct for all third party content already overseas content pushed by OTTs. “OTT content does fall under the Information Technology Act of 2000, however, there is no separate regulation for OTT contents. The act does have provisions that allow the government to apply penalty and imprisonment for publishing or transmitting obscene and sexually explicit material,” explained Banerjee. The ask to set up a Digital Content Complaints Committee (DCCC), which is a part of the new self regulation code, was put forth by I&amp;B. The aim of the DCC is to target content that harms national sovereignty, promotes violence against children, promotes terrorism, or content banned by court order. "In order to make a complaint no legal notice is required, a viewer can make a complaint giving his details and nature of the complaint against specific content," explained Prakash. SEE ALSO: <a href="https://www.businessinsider.in/netflix-and-hotstar-hedge-their-bets-against-government-regulation-through-self-censorship/articleshow/67573187.cms">After Amazon Prime, Netflix and Hotstar plan to go down the path of self-censorship in India</a> <a href="https://www.businessinsider.in/advertising/ad-tech/news/netflix-disney-hotstar-amazon-prime-video-mx-player-and-11-other-leading-ott-players-have-signed-a-self-regulation-code/articleshow/77935257.cms">Netflix, Disney+ Hotstar, Amazon Prime Video, MX Player and 11 other leading OTT players sign self-regulation code</a> <a href="https://www.businessinsider.in/entertainment/news/disneyhotstar-set-to-become-the-second-most-expensive-ott-platform-in-india/articleshow/74945301.cms">Disney+ Hotstar Premium set to become the second most expensive OTT subscription in India</a>

Self regulation code adopted by Disney+ Hotstar, Amazon Prime Video and other OTT platforms could either be a huge success — or go the Facebook-Twitter way

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The likes of Hotstar, Netflix and even news content providers will now be regulated by the I&B Ministry, contrary to what the platforms would like

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Unanswered questions as regulation of OTT platforms and digital news providers moves from one government department to another

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India's new OTT regulations are just around the corner and the central government wants to transfer pending cases to the Supreme Court

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Self regulation code adopted by Disney+ Hotstar, Amazon Prime Video and other OTT platforms could either be a huge success — or go the Facebook-Twitter way

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