Clarification on IT Rules, 2021 for OTT Platforms

Clarification on IT Rules, 2021 for OTT Platforms

The notification of the new rules has caused an uproar among the big OTT players. The government claims that with the notifications, they had tried their best to strike a balance between freedom of expression and the concerns of right holder.

What is the issue?

The Central government notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. These rules broadly deal with social media and over-the-top (OTT) platforms. Viral campaigning is one of the most effective ways to garner support for a cause.

The over-the-top(OTT) platforms will not have to get themselves registered with the government. There will be no government-appointed member in the self-regulatory body that will address complaints.

Rules for OTT Platforms:

There are some of the rules which should be considered while setting up and working with OTT platforms.

• Self-Classification of Content: The OTT platforms would self-classify the content into five age-based categories i.e. U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
• Parental Lock: Platforms would implement parental locks for content classified as U/A 13+ or higher. A reliable age verification mechanism for content classified as “A” is required.
• Display Rating: Shall prominently display the classification rating specific to each content or programme together with a content descriptor informing the user about the nature of the content, and advising on viewer description (if applicable) at the beginning of every programme enabling the user to make an informed decision, prior to watching the programme.

Three-level Grievance Redressal Mechanism

The Committee has already established a three-level grievance redressal mechanism under the rules with different levels of self-regulation.

• Level-I: Self-regulation by the publishers;
• Level-II: Self-regulation by the self-regulating bodies of the publishers;
• Level-III: Oversight mechanism.

Self-regulation by the Publisher

Publisher shall appoint a Grievance Redressal Officer based in India who shall be responsible for the redressal of grievances received by it. The officer shall take decision on every grievance received by it within 15 days.

Self-Regulatory Body

There may be one or more self-regulatory bodies of publishers. Such a body shall be headed by a retired judge of the SC, a High Court or independent eminent person and have not more than six members. Such a body will have to register with the Ministry of Information and Broadcasting. This body will oversee the adherence by the publisher to the Code of Ethics and address grievances that have not been resolved by the publisher within 15 days.

Oversight Mechanism:

Ministry of Information and Broadcasting shall formulate an oversight mechanism. It shall publish a charter for self-regulating bodies, including Codes of Practices. It shall establish an Inter-Departmental Committee for hearing grievances.