A streaming video service given directly to viewers via the internet is known as an over-the-top (OTT) media service. This platform has surpassed television’s role as a source of information via cable, satellite, and other means. In India, OTT platforms such as Netflix, Amazon Prime, Disney+Hotstar, Sony Liv, Voot, and others are available. Unlike the content offered by cinema or television, which is governed by the CBFC, BCCC, and other regulatory bodies, OTT platforms do not have a regulatory body over them to control the content streamed and hence enjoy their independence.

But in recent times we have seen many cases, where a complaint has been filed against some of the web series run by these platforms. An FIR  was lodged against Ekta Kapoor’s produced web series XXX Season 2 alleging that it depicted objectionable content. In fact, a few months ago a case was filed against Ekta Kapoor’s web series Gandi Baat too under IPC sections 294 (obscenity), 298 (hurting religious feelings), and also relevant provisions of the IT Act and the State Emblem of India (Prohibition of Improper Use) Act. The list does not end over here, In fact, the most watched web series Mirzapur has not been able to escape this fiasco, where a complaint was filed over the portrayal of Uttar Pradesh’s Mirzapur district in a bad light. A web series called Tandav starring Saif Ali Khan on Amazon Prime has also been taken to Supreme Court, the complainants have alleged that ‘Tandav’ has inappropriately depicted the UP Police personnel, hurts religious sentiments, and has adversely portrayed the character playing the prime minister in the political drama. Netflix has also been criticized for its various web series. Sacred Games was panned because it included some speculative lines regarding Rajeev Gandhi and discussed the Bofors scandal. Leila was chastised for propagating Hinduphobia, which offended Hindus. It was widely panned by viewers.

The question that stands over here is that are we truly enjoying Freedom of Speech and Expression or there is a need for Censorship of OTT platforms?

To gain a better understanding of what censorship is, it is necessary to investigate the need and justification for the term, as well as to remove the taboo associated with it, in order to achieve an unbiased understanding of the term. Censorship is a collection of interconnected concepts, the most notable of which is free speech, which is defined as the right to openly express or explain one’s beliefs without restriction or intervention. This term has evolved throughout time to include speeches, music, movies, and artistic creations, among other things. These are the numerous sorts of censorship that are used in a community or country, and one of its main purposes is to ensure that free speech is suppressed on the grounds that it is offensive or damaging to the public. It is important to comprehend the need for censorship as well as free speech in order to better grasp the need for censorship.

Some may say Censorship is the suppression or control of ideas, free communication, and information that circulates within a society, but as per the government, it is the regulation of content that can be displayed and shown to the public at large.  The right to freedom of speech and expression is protected under Article 19 of the Indian Constitution, with the caveat that such modes of expression may be restricted if they are deemed offensive, detrimental, or that disrupt communal peace. Since the beginning of time, the government has been using censorship to combat any unwelcome form of speech that would disturb the country’s functioning.

INDIAN CENSORSHIP OVERVIEW

An  Overview of Indian Censorship can be best described as a combination of ethnicities, races, and religious bodies that have managed to live in peace. They have similar means of expression, whether literary, artistic, or cinematic, and these expressions have been deemed objectionable to others at one time or another. The Indian Constitution guarantees the right to freedom of speech and expression, subject to certain limitations such as morality, decency, and public order. Furthermore, the Indian Penal Code (IPC) allows for restrictions on free speech if it offends religious sensitivities or makes assertions that create or promote animosity, hostility, or ill will amongst classes on the basis of caste, religion, language, or race. Because these prohibitions are so broadly categorized, it might be difficult for a judge to rule that some speech does not foster enmity between groups. The need for free speech is to have a healthy amount of free expression in order for a democracy to function properly.  It also allows for the dissemination of ideas among the general public, awakens people’s thoughts, and provides a steady setting for the exchange of ideas and debate. It allows for many points of view to be expressed on public policy, as well as useful feedback to legislators. The need for censorship is to protect a person from offense to his sensibilities

Though in India we enjoy Freedom of speech and expression it is limited to the extent it does not promote indecency, hostility, or hurt the religious sentiments of people. The need for censorship is not to curtail freedom but to stop the spread of communal violence. Today we can see in the name of the Right to Freedom of Speech and Expression, people have started spreading negativity about the Independence of Judiciary too, stirring feelings of hostility in the minds of Indians especially teenagers who are at such a tender age that they can we used as a negative shield against India. With everything going digital in this era it has become really easy for a child or a teenager to access the Adult content on OTT platform which requires prior parental permission. There are certain shows which should not be completely watched by a child. However, one of the biggest arguments against such censoring is that OTT platforms’ material is Subscription on Demand, which allows users to pay and choose what they want to watch but if we talk about the people(parents) living in rural areas are not so well versed about the content displayed on these platforms hence they cannot regulate the portion that should be viewed by their children. Freedom of Speech is both boon and bane for the young population but the content to watch must be controlled or regulated.

INDIAN GOVERNMENT’S STANCE:-

The government has issued rules to regulate over-the-top (OTT) streaming, digital news, and social media platforms, including procedures to monitor and block undesirable or unsuitable content. The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 have taken effect from January 1, 2021, and will replace the previous Information Technology (Intermediary Guidelines) Rules 2011.

The government has created a three-tier system that includes a grievance mechanism and a self-regulatory body led by a retired Supreme or High Court judge.

The board will be registered with the Ministry of Information and Broadcasting and will be in charge of ensuring that the Code of Ethics is followed. In addition, the Ministry will release a declaration incorporating the Standard of Practices for successful self-regulation.

The government also plans to create a process for resolving complaints about both OTT material and social media. Without a censor board, OTT platforms will have to regulate content at their own discretion. The laws, on the other hand, mandate the use of an obligatory parental lock system to prevent children from accessing adult content and the use of credible age verification mechanisms to assure compliance.

CONCLUSION:-

Content censorship is important because, as compared to the printed word, a video inspires thought and action and ensures a high level of attention and memory. The combination of act and speech, sight and sound in semi-darkness of the stage, with the elimination of all distracting thoughts, will have a powerful impact on the minds of the audience and can change emotions. As a result, it has the same potential for good as it does for evil, and it has the same ability to instill or develop violent or good behavior. It is not comparable to other forms of communication. Prior constraint censorship is thus not only desirable but also obligatory.

The audience today is inclined towards content that reflects the truth of the society, deals with socio-political issues provide regional varieties, and most importantly is politically correct. The same raises the urgency for an unbiased regulatory body or a set of regulations to be followed by all platforms offering such services. However, the intent behind the creation of such a body and law should be to regulate and not infringe upon the rights of the content creators and the consumers. The legislative regulation should be such that it would adhere to the flexibility provided under Article 19(2) of the constitution. Notably, these ideal policies can be set through as the OTT platform is at an incipient stage around the world, the Governing Authorities have an opportunity to ensure to set a proper precedent while making legislation. 

– Sonam Chandwani, Managing Partner at KS Legal & Associates

The Indian constitution, in addition to providing tremendous freedoms and liberty, nevertheless imposes fair limitations. This is to preserve culture and particular communities and to assure that the country’s peace and order is not jeopardized. Censorship is one such instrument employed by the government to promote a peaceful and relaxing experience for binge-watchers who are able to appreciate and reflect on the content they watch rather than fuming over a little flaw. Movies, Shows, or Series are an expression, or art and are designed to be relished rather than exploding in rage and causing a riot.

REFERENCES:-

http://www.legalserviceindia.com/legal/article-3418-censorship-of-ott-platforms-a-boon-or-bane.html

https://www.theleaflet.in/centre-releases-new-rules-to-regulate-content-on-ott-social-media-and-digital-news-platforms/

https://www.newscientist.com/article/2282887-are-we-seeing-an-end-to-surveillance-capitalism-on-the-internet/?utm_source=onesignal&utm_medium=push&utm_campaign=2021-07-04-Independence-fr

https://www.bollywoodlife.com/web-series/high-court-reuses-to-dismiss-ekta-kapoors-petition-to-squash-the-case-against-her-web-series-xxx-2-1720904/

https://www.hindustantimes.com/india-news/supreme-court-notice-to-mirzapur-makers-amazon-prime-video-on-plea-over-portrayal-of-up-district-in-bad-light-101611211829348.html

https://theprint.in/india/this-is-how-modi-govts-new-rules-will-regulate-digital-media-and-ott-content/611909/

Priyanka Ghai, Dr. Arnind P Bhanu,’ CENSORSHIP IN INDIA VIS-À-VIS FREEDOM OF SPEECH: COMPARISON OF THE EXTENT OF CENSORSHIP LAWS IN INDIA AND ABROAD’, Amity Law school, 9 June 2020.