Over The Top (OTT) platforms have become a paradise for content creators these days, and especially during this pandemic, when several content creators decided to distribute their content on these OTT, and have always received an overwhelming response. OTTs are streaming services that deliver audio and visual content to their platform over the Internet. These services have historically only released content that was already released from theaters after obtaining the rights to the distributor of that content, but recently they have started producing their own content, including feature films, documentaries, web series, etc. . figures in India saw a massive 30% growth in paid subscribers, from 22.2 million to 29.0 million between March and July 2020, rivaling Amazon Prime Video, the OTT wing of Amazon services. The demand for and supply of OTT content has particularly increased since the imposition of this ban.
In India, Amazon Prime Video, Disney+ Hotstar and Netflix dominate the OTT market, which have their own local competitors namely Alt Balaji, Voot, Sony Liv, etc. We can say that these platforms often have legal problems for the content they make available on their platform.
While there are no specific laws regulating the content available online, there is a collection of several different articles and sections of different laws that govern the content available online. Article 19(1) of the Indian Constitution grants everyone freedom of expression, but under Article 19(2) of the Indian Constitution, this freedom may be derogated from by reasonable restrictions if such content is contrary to the well-being of the State, hinders public order and maintains international relations or aims to incite crime. The Indian Penal Code is designed to punish anyone who has engaged in the sale or distribution of obscene works (section 293) which Intends to upset religious feelings, which is done willfully and maliciously (Section 295 A). Any act of posting defamatory content (Section 499) and anyone who offends a woman’s modesty (Section 354).
The Indecent Portrayal of Women (Prevention) Act 1986 aims to ensure that indecent portrayals of women in advertisements, books, films, paintings, etc.
The Protection of Children from Sexual Delikts (POCSO) law makes the sale and distribution of child pornography a criminal offense
Sections 67A, 67B and 67C.The Information Technology Act 2000 provides that any kind of obscene, sexually explicit material, including that depicting children engaged in sexual acts, is transmitted or published, to the both a sentence and a prison sentence. The central government also has the power to issue directives to block public access to certain information in accordance with section 69A of this law.
According to various industry experts, OTT platforms in the Indian subcontinent have increased the creative freedom of content creators, one such increase is the recent victory of a Netflix original “Delhi Crime” in of the international awards ceremony, The Emmy Awards, 2020. The question, whether these platforms should be regulated or not can still be debated, but the state demands that they be inspired and inspired by other countries as well as certain country-specific regulations on these platforms so that they do not take effect on all others available on their Verified Content platform and still enjoy their freedom of expression.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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