Centre plans statute for OTT, news portals self-regulation


 To address issues of sensitive video content, fake news

In a move aimed at providing a level-playing field in the media, the Modi Government has decided to bring in an overarching statute that will provide for self-regulation in digital media, including Over-the-top (OTT) platforms and news websites, to address issues of sensitive video content and fake news.

The Ministry of Information and Broadcasting (MIB) on Thursday issued a notification amending the Cable Television Network Rules, 1994 providing a statutory mechanism for redressal of grievances/complaints of citizens relating to content broadcast by television channels in accordance with the provisions of the Cable Television Network Act, 1995.

Now, the broadcaster will have to establish a self-regulating body to redress citizens’ grievances. Besides, they will have to ensure that programmes are not violative of the programme code or advertising code. According to the new amendment, the Centre may prohibit the transmission or retransmission of any such channel or programme if they fail to act despite the complaint.

“… Programme of any channel is not in conformity with the programme code, it may, after giving an opportunity of hearing to the cable operator, and by an order in writing, prohibit the transmission or re-transmission of any such channel or programme in accordance with the provisions of section 20 of the Act,” the notification said.

“Where the Central Government is satisfied that the advertisement of any channel is not in conformity with the advertising code, it may, after giving an opportunity of hearing to the cable operator, and by an order in writing, prohibit the transmission or re-transmission of any such channel or programme in accordance with the provisions of section 20 of the Act,” it said.

Any person aggrieved by the content of a programme of a channel as being not in conformity with the programme code or the advertising code may file his complaint in writing to the broadcaster. A broadcaster shall establish a grievance redressal mechanism and appoint an officer to deal with the complaints received by it.

At present  there are over 900 television channels which have been granted permission by the MIB are required to comply with the Programme and Advertising Code laid down under the Cable Television Network Rules. Besides, there are at least 40 Over to Top (OTT) platforms including multinationals like Netflix, Amazon Prime and HotStar and hundreds of news content websites. The market size of OTT platforms in India is close to Rs 1,000 crore with around 20 crore users. Some of the OTT platforms are accessed through annual subscription fees, while a large number of them are free in a bid to attract subscribers.

In a statement, the Ministry said there is an institutional mechanism by way of an Inter-Ministerial Committee to address grievances of citizens relating to violation of the Programme/Advertising Codes under the Rules.

“Similarly, various broadcasters have also developed their internal self-regulatory mechanism for addressing grievances. However, a need was felt to lay down a statutory mechanism for strengthening the grievance redressal structure. Some broadcasters had also requested for giving legal recognition to their associations/bodies,” it adds.

According to the Ministry, the Government shall constitute an Inter-Departmental Committee, chaired by the Additional Secretary in the Ministry of Information and Broadcasting, and consisting of representatives from the Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence, and representatives of such other Ministries and Organisations, including experts for hearing grievances or complaint. The committee will meet periodically and hear complaints.

The I&B ministry has been receiving complaints from the public over the adult content and language shown in OTT platforms that sometimes borders on soft porn. There have also been complaints against single-shop digital news websites for creating discontent in society by indulging in fake news without any redressal or retraction.

Source: https://www.dailypioneer.com/2021/pioneer-exclusive/centre-plans-statute-for-ott--news-portals-self-regulation.html

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