Supreme Court raises heat on OTT platforms

The Supreme Court has raised heat on OTT platforms by questioning the nature of content it relays. On Thursday, it had observed that the streaming platforms contain pornography and asked the Central government to submit the recently notified regulations governing OTT platforms.

The Central government had notified the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 to regulate the functioning of online media portals and publishers, OTT platforms and social media intermediaries.

However, the Court was not pleased. “Mr Mehta (Solicitor General Tushar Mehta), we went through the technology intermediary guidelines. But there is no teeth. No power of prosecution. These are just guidelines. No mechanism to control it,” said Justice Bhushan. “Without legislation, you cannot control it.”

Mehta told the Court that the Central government can prepare a draft legislation and place it before the Court for its consideration.

In its order, the Bench said one of the issues which has cropped up is uncontrolled viewing of films in Prime Video. Government of India has issued notification dated February 5, namely IT Intermediary Rules. “The rules are in the nature of the guidelines with no mechanism for either screening or taking apt action against those who violate these guidelines. Solicitor General says government shall consider appropriate steps and any regulation or legislation thought fit be placed before Court. Centre to be impleaded as Respondent No. 2.”

The apex court was hearing an appeal of the commercial head of Amazon Prime Video Aparna Purohit against the Allahabad High Court order that denied anticipatory bail to her in the ongoing investigation over the web series Tandav.

The Uttar Pradesh police had filed an FIR against Amazon Prime’s executive for the derogatory depiction of Hindu deities and promoting religious enmity through the series.

Also Read: Few OTT platforms at times show pornographic content: SC

Senior Counsel Mukul Rohatgi, representing Purohit told the Court that she has been co-operating with the investigation agency. Rohatgi also submitted that Purohit is only an employee of the company which owns the platform on which the web series can be viewed. He also said that the alleged objectionable scenes have been removed.

The Supreme Court proceeded to issue notice to the government in the matter and protected Purohit from arrest, subject to her cooperation with the investigation agency. FIRs have also been registered against the director of Tandav, Ali Abbas Zafar, Producer Himanshu Mehra and writer Gaurav Solanki.