SC DISMISSES PLEA FOR OTT REGULATION | 18 October, 2024

The Supreme Court today (October 18) dismissed a petition which sought the establishment of a regulatory board to oversee and manage content on OTT platforms. The plea called for stricter regulations to keep a check on streaming platforms.

The court did not find sufficient grounds to warrant such a board. A bench comprising Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra remarked, “This is the problem of PILs. They are all on policy now, and we miss our genuine PILs.”

The petition argued that digital platforms were not subject to the same checks and balances as traditional media like cinema and television. Advocate Shashank Shekhar Jha, who filed the petition, said, “Unlike films shown in theatres, OTT content doesn’t go through a certification process before release, leading to an increase in explicit scenes, violence, substance abuse, and other harmful content, often without proper warnings.” The plea also stated that although there were IT Rules 2021 to enable self-regulation of OTT platforms, the measures had been largely ineffective. Jha told the apex court, “These platforms continue to exploit loopholes, allowing controversial content to be broadcast unchecked, which has national security implications and promotes activities like gambling and drug use.” He requested that the Central government create an autonomous body led by a senior IAS officer, with members from various sectors such as cinema, media, defence, law and education, to regulate digital content.

The court, however, did not find merits in his arguments and, therefore, dismissed the PIL.