Govt unhappy with self-regulate formula for OTT players, asks IAMAI to seem at other models

Govt unhappy with self-regulate formula for OTT players, asks IAMAI to seem at other models
In a letter to IAMAI on Monday, the knowledge and Broadcasting Ministry asked the organisation to seem at other self-regulatory models.

The letter mentions that IAMAI had written to I&B Ministry “for its guidance and support in implementing the self-regulatory code” for OCCPs. (File)
Expressing its displeasure with the self-regulatory model proposed by the web and Mobile Association of India (IAMAI) for content on online-streaming services and OTT players, the govt has informed IAMAI that it might not support it.

In a letter to IAMAI on Monday, the knowledge and Broadcasting Ministry asked the organisation to seem at other self-regulatory models.

In the letter, the ministry stated that “the proposed self-regulatory mechanism lacks independent third-party monitoring, doesn’t have a well-defined Code of Ethics, doesn’t clearly enunciate prohibited content, and at the second and third-tier level there’s a problem of conflict of interest”.

Citing these, the ministry said it “cannot support the self-regulatory mechanism proposed by IAMAI”. It stated that IAMAI is “advised” to seem at the structures of the Broadcasting Content Complaints Council (BCCC) and News Broadcasting Standards Authority (NBSA) “as guiding principles for developing a reputable self-regulatory and grievance redressal mechanism” for Online Curated Content Providers (OCCP).

The letter mentions that IAMAI had written to I&B Ministry “for its guidance and support in implementing the self-regulatory code” for OCCPs.

The ministry mentioned that IAMAI had suggested “a two-tier structure as a part of the self-regulatory regime, the second tier being the Digital Curated Content Complaints Council (DCCCC) along side enumeration of prohibited content”. It said that “with reference to DCCCC, it had been proposed that an equivalent would be chaired by a retired judge of the Supreme Court or High Court”.

It also stated that with the self-regulatory mechanism, it’s “observed that there’s no classification of prohibited content, the second tier (advisory panel) is constituted by OCCP itself (as against an independent organisation like DCCP proposed earlier)”. The ministry stated that out of three advisory panel members “two are going to be from OCCP itself, while there’ll only be one independent member (who are going to be during a minority)”.

OCCPs like Hotstar, Jio, Voot and SonyLiv had announced the DCCCC in February this year. the govt has asked the main online-streaming players several times to arrange a self-regulatory model.

While I&B Ministry is liable for content on television and print industry, there are not any specific laws for content regulation on online services.

In the absence of any regulatory framework, each platform regulates itself. But even major players, including international heavyweights like Amazon Prime and Netflix, and Indian giants like Hotstar and ALT Balaaji, aren’t on an equivalent page about the self-regulatory mechanism.

In March, I&B Minister Prakash Javadekar had informed Parliament that Information Technology Act, 2000, administered by the Ministry of Electronics and knowledge Technology (MEITY), has provisions concerning content on websites, and “information / websites / URLs are often blocked under Section 69A of that Act, on matters concerning sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence concerning the above”.

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