Category: I&B Ministry

The drama unfolding over OTT content self-regulation

KOLKATA: There was a time when no one even believed that over-the-top platforms like Netflix, Amazon Prime Video, Hotstar (now Disney+Hotstar) would go beyond the premium urban audience. The digital fillip that most of India got since Jio’s rollout, and the pandemic and lockdowns has seen streamers not only reach out to nooks and crannies in interior India, but also become a must-have service for hundreds of millions of Indians. The rapid spurt in popularity of the edge-of-the-seat risque content that these platforms have been serving has brought with it some woes as well – the main one being regulatory intervention by the Indian government.

While praise has been showered on them for unlocking creative freedom in terms of stories, the OTTs have been flagellated more than once by an audience set whose sentiment was hurt either on account of some “objectionable” scenes or dialogue. The aggrieved folks fled to the courts and filed public interest litigation after litigation against several series and films as well.

When there’s a hue and cry from a certain section of society, politicians obviously have no option but to take a closer look-see and then force the government to step in. Which is exactly what happened when the Modi-led central government started paying close attention to the streamers and eventually introduced new rules to regulate OTT content at the beginning of this year which came into effect on 26 May.

“That is the first battle we lost. We wanted to resist the government’s interference but the new rules have been introduced,” a senior official with a leading OTT platform commented, on condition of anonymity.

On 27 May, the ministry of information and broadcasting (MIB) sent a letter seeking compliance reports to the new rules from OTT platforms as well as digital news publishers in 15 days. The government is within its rights to ask for the information as the law has been notified. At this juncture, the information it is asking appears to be harmless, albeit the spirit of the law is questionable, a legal expert with a leading law firm explained.

But what is more concerning at the moment is the action that is taking place amongst the various players around the rules. There is the Internet & Mobile Association of India (IAMAI) – under whose umbrella most of the digital publishers and early-mover OTT platforms – had banded over the past few years. The association had been consulted by the authorities for members’ feedback before the new rules were drawn up. And announcements had been made that a structure would be created under it to meet the regulatory requirements. But there was talk all along that all was not well among its members, some of whom were not agreeable with the direction that the legislation was taking.

That there are differing points of views became more than apparent last week when the Indian Broadcasting Foundation (IBF) – the association for linear television broadcasters – announced that it would extend its purview to cover digital streaming platforms under a new name the Indian Broadcasting & Digital Foundation (IBDF). It would also form a self-regulatory body, the Digital Media Content Regulatory Council (DMCRC), as required under a three-tier oversight mechanism.

According to the official quoted earlier, some of the players were not happy with the way the IAMAI was dealing with the situation. With so much back and forth, the body also started losing its relevance before the MIB, he added. Hence, the broadcaster-led OTT platforms like Disney+Hotstar, SonyLIV wanted to look out for other options, especially when the top management of these organisations wanted to ensure their rapidly expanding digital business does not fall foul of the law..

On the other hand, the IAMAI has formed the Digital Publishers Content Grievances Council (DPCGC) as part of the self-regulatory and grievance redressal framework for online curated content [OCC] publishers. Ten OTT platforms including Netflix, Amazon Prime Video have confirmed their allegiance to the IAMAI structure. The reason, the official told us, is that they did not want to be a part of a body that is dominated by broadcasters.

Top MIB officials are today bewildered by the situation that has cropped up. Where earlier, there was a vacuum in terms of industry responding to demands to get its act together on content self-regulation, now it is grappling with problems of plenty. A question that is begging for an answer, according to sources, is should the two bodies be recognized or not?

Although no rule under the new guidelines restricts two independent bodies having oversight over the sector, a part of the ministry is skeptical about the efficacy of such a step. Others however, point out to the news broadcasting vertical – which also has two independent bodies overseeing , one serving the old guard of early newscasters, and the other, the newbies.

In this situation, what is more important for both bodies is to reach out to the ministry with all their compliance reports, an industry observer noted. IBDF has announced that it will file a new content code and self regulatory mechanism that is going to be similar to the Broadcast Content Complaints Council (BCCC) model that the MIB has been asking for.

On the other hand, the OTT platforms are in talks with the ministry asking for more time to fall in line, which it has been loath to do. According to multiple industry sources, the platforms are putting in their best efforts to comply with the timelines. Although digital publishers have challenged the regulation in courts, it is unlikely that OTT platforms will take that route. Moreover, observers believe that MIB will not take any cohesive proactive step against non-compliant platforms in the first instance.

The days ahead will reveal in which direction the OTT sector and the MIB will tilt. In the meanwhile, streamers have achieved what they do best: come sharply under the spotlight, once again.

(Indiantelevision.com reached out to all the players in the streaming sector. No one was willing to speak let alone come on record, keeping in mind how delicately posed the situation is. However, a couple of the platforms finally agreed to share their views with us, but they preferred to stay anonymous.)

May 31, 2021
IAMAI announces formation of Digital Publisher Content Grievances Council

KOLKATA: The Internet and Mobile Association of India (IAMAI) on Friday announced the formation of the Digital Publishers Content Grievances Council (DPCGC) as part of the self-regulatory and grievance redressal framework for Online Curated Content [OCC] Publishers.

The Council is being set up in light of the recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 with the intent to empower consumers to make informed viewing choices, it said on Friday.

It will have an OCCP Council consisting of publishers of OCC as members and an independent Grievance Redressal Board [GRB] — consisting of a chairperson and six members. The GRB will be chaired by a retired Supreme Court/high court judge. The members will comprise eminent persons from the media and entertainment industry, experts from various fields, including child rights, minority rights, and media law.

The GRB will oversee and ensure the alignment and adherence to the Code of Ethics by the OCCP Council members, provide guidance to entities on the Code of Ethics, address grievances that have not been resolved by the publisher within 15 days and hear grievances/appeals filed by the complainants.

IAMAI President Subho Ray said: “IAMAI and members of the DPCGC are deeply committed to protecting consumer rights and empowering consumers with the right tools to make informed decisions, as well as have their grievances addressed. The formation of this body is an important step towards consumer choice, as more and more people are viewing content online.”

IAMAI has also notified the ministry of information and broadcasting (MIB) that they are in the process of forming the DPCGC and has also shared a list of publishers who were confirmed to be members of the Council. So far, it has received confirmation from 10 publishers, including 1.) Alt Balaji 2.) Amazon Prime Video 3.) Arha Media 4.) Firework 5.) Hoichoi 6.) Hungama 7.) Lionsgate Play 8.) MX Player 9.) Netflix and 10) Shemaroo and is awaiting confirmation from several other such digital publishers.

“The creation of Digital Publishers Content Grievances Council (DPCGC) is a significant step in ensuring that publishers of OCC are compliant with IT rules 2021. The Digital Publishers Content Grievances Council will serve as a transparent and open channel to effectively address consumer grievances. As part of the process to be compliant, this newly formed body is an important step towards consumer empowerment and choice,” IAMAI stated.

May 28, 2021
MIB has eyes on digital media publishers too

KOLKATA: The social media-Indian government tussle regarding compliance of new IT rules has hogged all the limelight lately. Along with these platforms, digital media, OTT platforms were also given a three-month window to comply with a new set of rules.

The digital media division of the ministry of information and broadcasting (MIB) has sent a notice to digital media publishers seeking information under Rule 18 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021.

The ministry has asked publishers to furnish information in the applicable format within 15 days of the notice as different formats were devised for traditional media publishing news and current affairs on digital media, pure-play digital publishers, and OTT platforms.

A total of around 60 publishers, and their associations, have also informed the ministry that they have already initiated the process of formation of self-regulatory bodies under the new rules. Some publishers have also written to the ministry regarding registration with the ministry under the rules, MIB noted in its missive.

The notice highlighted that the ministry held interactions with the publishers of online curated content, as well as the publishers of news on digital media duly after notifying the new rules.

Meanwhile, the News Broadcasters Association (NBA) has written to MIB requesting exclusion of traditional television news media and its extended presence on digital news platforms from the aforementioned rules, as per reports.

“While NBA appreciates the need for regulations, the traditional news media need not be subjected to and/ or covered under the scope of the IT Rules 2021, since it is already sufficiently regulated by various statutes, laws, guidelines and codes, regulations, and judgments set,” NBA said in a letter.

The electronic news media is no different from print media and majority of content hosted on their digital platforms is nothing but a replica of content which is already a part of the broadcast, the body argued.

May 28, 2021
Cinematograph (Amendment) Bill, 2021 in the works to curb piracy

New Delhi: The media and entertainment industry is losing substantial revenue due to film, video, music and online piracy, Union information and broadcasting minister Prakash Javadekar has informed the Parliament. To curb this threat, the government is planning to introduce Cinematograph (Amendment) Bill, 2021 soon.

Citing an industry report released by Ireto, which is a global solutions provider in digital platform security and media and entertainment, the minister said the Indian media and entertainment industry loses around Rs 2,100 crore of its annual revenue due to piracy. However, no definite data is available in this regard year-wise, he added.

The government had introduced the Cinematograph (Amendment) Bill, 2019 in the Rajya Sabha in February, 2019 to impose strict penalties against unauthorised duplication of films in cinema halls. The draft Bill prohibited a person from using a recording device to make a copy of a film, without authorisation and made it punishable crime with an imprisonment of up to three years and a fine of up to Rs 10 lakh, or both.

Later, the standing committee on information technology (2019-20) presented its report on the Cinematograph (Amendment) Bill, 2019 in the Rajya Sabha and Lok Sabha on 16 March 2020.

Javadekar told the Parliament that the recommendations and observations contained in the report of the standing committee on IT have been examined for making necessary amendments to clauses in the Cinematograph (Amendment) Bill, 2019 and for the subsequent introduction of the Cinematograph (Amendment), Bill, 2021.

He was responding to a query regarding the increasing loss in revenue faced by the media industry due to piracy.

March 22, 2021
‘No proposal with MEITY to appoint a regulator for social media

KOLKATA: Amid the babel over increased regulation of social media in the country, the government has revealed there is no proposal with the ministry of electronics and information technology (MEITY) to appoint a regulator for social media.

“In order to provide enhanced user safety as also accountability of social media platforms, government has released the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 under the Act (IT Act) that specifies the due diligence to be followed by all the intermediaries including the social media intermediaries. The social media platforms are enjoined to develop a robust grievance redressal system,” Union minister Ravi Shankar Prasad informed the Parliament today.

When asked if the Centre has conducted any study regarding the impact of its control over social media, Prasad stated that no such study has been undertaken. However, he reiterated his oft-mentioned remark that the government welcomes criticism, dissent and also the rights of people to ask questions on social media.

“This needs to be acknowledged that the fundamental right of speech and expression under article 19(1) is also subject to reasonable restrictions under article 19(2) of the Constitution which can be imposed in the interest of security, safety and sovereignty of India, public order, friendly relations with foreign countries etc,” he noted.

Prasad mentioned that it is equally important that social media should not be abused or misused to defame, promote terrorism, rampant violence and compromise the dignity of women. It is for these challenges that the intermediaries are expected to remove or disable content as and when brought to the knowledge of intermediaries either through a court order or through a notice by appropriate government or its agency or when directed under section 69A of the IT Act 2000, following due process of law, he detailed.

On 25 February, the Centre notified new, stricter guidelines for social media intermediaries which enables setting up of grievance redressal mechanisms and makes these platforms more pliable in assisting government agencies in investigation as well as taking down unlawful or fake content. Experts, while lauding the new "well-intended" rules, noted that these guidelines could undermine the principles of open and accessible Internet and violate the right to privacy and free speech of users, particularly in the absence of robust data protection law.

It's worth recalling that the new rules came close on the heels of a tussle between the government and Twitter over removal of certain content related to the ongoing farmers’ protests.

March 17, 2021
Parliamentary panel questions legality of new digital media rules

KOLKATA: The parliamentary standing committee on information and technology grilled officials from the ministry of information and broadcasting (MIB) and the ministry of electronics and information technology (MEITY) on the new rules for monitoring over-the-top (OTT) platforms, digital media and social media intermediaries.

The parliamentary panel headed by Congress MP Shashi Tharoor questioned the legality of the new regulatory framework, according to media reports.

Several questions on framing the guidelines were raised – whether industry stakeholders were consulted before framing the guidelines, if opinions were taken from intellectual people, civic society, and the judiciary. Another key point flagged was whether the rules are in conformity with the existing framework.

In their deposition, ministry officials have assured the panel that due process was followed before the new rules were introduced. They justified the need for such rules in changing times and also explained the rationale behind them.

Earlier in a meeting, the panel told MIB officials that it hoped the ministry would implement the rules with due regard to the importance of promoting creativity and protecting freedom of expression while maintaining a robust oversight mechanism.

On 25 February, the Centre notified an expansive framework to govern online content, titled Information Technology (Guidelines for intermediaries and digital media ethics code) Rules 2021. It gave online content providers between 30 to 90 days to comply with the same. Under the new guidelines, a three-tier oversight mechanism for online content has been put in place.

March 16, 2021
New digital media rules to bring level playing field: Parliamentary panel

KOLKATA: The parliamentary standing committee on IT has said that the new digital media rules under the IT Act will bring a level playing field for all media categories. However, the panel headed by Shashi Tharoor also mentioned that more initiatives are required, according to media reports.

The parliamentary panel also asked the ministry of information and broadcasting (MIB) to launch an awareness campaign about its new rules for social media intermediaries, OTT and digital news platforms.

While maintaining a robust oversight mechanism, the panel hoped that the ministry would implement the rules with due regard to the importance of promoting creativity and protecting freedom of expression.

The government laid down new rules for social media platforms, digital media, OTT platforms on 25 February. In a gazette notification, it spoke of a three-tier oversight mechanism for online content.

In light of this, a PIL has been moved before the Delhi high court challenging the new rules under the Information Technology Act to regulate internet intermediaries, over-the-top (OTT) platforms and digital news media. The petition has been filed by the Foundation of Independent Journalism which publishes The Wire. A similar plea by another petitioner was filed in the Kerala high court. The courts have issued notices to the Centre in this regard.

March 12, 2021
Prakash Javadekar meets with Digital News Publishers Association

KOLKATA: Information and broadcasting minister Prakash Javadekar on Thursday held a meeting with the Digital News Publishers Association (DNPA) to discuss new rules for digital media.

“In a follow up to meeting with OTT platforms, held an interaction with Digital News Publishers Association today. Discussed new rules for digital media. They welcomed the new rules and offered few suggestions which I have noted (sic),” the minister tweeted.

According to an official statement released post the interaction, Javadekar informed the association that the new rules placed certain responsibilities on digital news publishers. These include adherence to Code of Ethics such as the norms of journalistic conduct framed by the Press Council of India and the Programme Code under the Cable Television Network Act. Further, to redress grievances of citizens the rules have provided for a three-tier grievance redressal mechanism of which the first and second tier would be of the digital news publishers and self-regulatory bodies constituted by them.

Digital news publishers would also be required to furnish some basic information to the ministry of information and broadcasting in a simple form which is being finalised and periodically they would be required to place in public domain the grievance redressal undertaken by them, the statement added.

Javadekar said that print media and TV channels have digital versions whose content is almost the same as that on the traditional platforms. However, there are contents which appear exclusively on the digital platform. Apart from this, there are several entities which are only on the digital platform. Accordingly, the rules seek to cover the news on digital media so as to bring them at par with the traditional media.

The participants, while welcoming the new rules, stated that TV and news print media have been following the laid down norms of the Cable Television Network Act and the Press Council Act for a very long time. Moreover, for publishing the digital versions of their publications, the publishers do follow the existing norms of the traditional platforms. They felt that they should be treated differently than those news publishers who are only on the digital platform.

Javadekar thanked the participants for expressing their views and stated that the government will take note of the same and continue with this consultative process for overall growth of the media industry.

March 12, 2021
Rules focus on self-classification, not censorship: Javadekar tells OTTs

KOLKATA: Minister of information and broadcasting Prakash Javadekar on Thursday held an interaction with representatives of various OTT platforms including from Disney+ Hotstar, Amazon Prime, Netflix, Jio, Zee5, Viacom18, Shemaroo, Mx Player, ALTBalaji.

The Union minister mentioned that the government had engaged in several rounds of consultation with OTT players in the past and stressed the need for self-regulation.

Javadekar stated that he had received representations from cinema and TV industries that while there were regulations for them, none existed for the video streaming industry. Thus, it was decided that the government would come out with a progressive institutional mechanism for OTT players and develop a level playing field with the idea of self-regulation. The minister appreciated that many OTT platforms had welcomed the rules.

Informing the industry representatives about the provisions of the rules, the minister said it merely requires them to disclose information and that there is no requirement of registration of any kind with the ministry. He added that a form for this will be ready soon. Quelling fears over curtailment of creative freedom, he stated that the new digital media rules focus on self-classification of content instead of any form of censorship. Further, OTT platforms are expected to develop an effective grievance redressal mechanism.

Previously, the Centre had proposed a three-tier mechanism for these platforms for content-related issues. The first tier would be officials appointed by these companies. As a second-tier, there would be a self-regulatory body that would address complaints. The third tier would be a government-appointed panel.

Dispelling rumours, the minister clarified that in the self-regulatory body, no member will be appointed by the government, and that an inter-departmental committee will be formed to look into complaints that remain unresolved at the self-regulatory level.

The industry representatives welcomed the rules and thanked the minister for addressing most of their concerns. Finally, the minister added that the ministry is open to any clarification or queries from the industry.

March 5, 2021
Draft National Broadcasting Policy ready for consultation

NEW DELHI/KOLKATA: A bid to showcase Brand India to the world, more FDI, push for indigenous manufacturing of consumer premises equipment, and self-regulation – these are key propositions of the draft National Broadcasting Policy (NBP), which the government has proposed for the growth of India’s broadcasting sector.

Stakeholders and policymakers have long felt the need for a comprehensive broadcasting policy to update the existing provisions to meet the newer challenges. Last month, the ministry of information and broadcasting (MIB) had intimated that work on the new policy was in full swing. The draft has now been finalised and shared with Prasar Bharati CEO Shashi Shekhar Vempati and other scientific ministries for further consultations.

Indiantelevision.com has accessed the draft and here are some of the key takeaways from it:

Quality content, affordable and accessible to all

The draft policy aims to incentivise the creation of high quality content which is accessible and affordable to the widest audience possible. This will be done by ramping up local and regional production of broadcast content. DD will be leveraged to promote content that preserves cultural diversity and Indian value system.

The reach of public broadcaster Prasar Bharati will be maximised across the country. The policy also suggests a review and audit of ‘must provide’ and ‘must carry’ provisions in broadcasting rules and regulations, wherever applicable, to ensure availability of content everywhere. Community radio stations would also get a boost under the new draft policy. They will be able to source news and current affairs content exclusively from AIR to transmit in the local languages. The policy also makes key provisions to ensure that persons with disabilities have access to television programmes. The accessibility standards laid down by MIB will be implemented in this regard.

It also envisages the setting up of a common independent body for prompt and effective settlement of public grievances for all broadcasting platforms.

Adoption of state of the art technologies and digital switchover

In line with the Digital India initiative, the draft policy lays down strategies for wider adoption of digital technologies for terrestrial platforms. This includes phased expansion of digital terrestrial TV (DTT), roll out of a digital radio policy and cutting down costs of digital radio receivers and DTT set top boxes to spur adoption for at least three years. The I&B ministry is also looking to finally open the DTT to the private sector. The policy also aims to achieve complete transition to broadband-ready cable infrastructure by enabling upgradation to fully digital infrastructure and infrastructure sharing among distribution platform operators.

Pitch for Make in India

The policy aims to indigenise the production of consumer premises equipment including the set-top boxes, which is heavily import dependent. This will be done by setting up a self-reliant local manufacturing ecosystem. Bureau of Indian Standards (BIS) and other agencies will be roped in to publish the quality benchmark. Measures will also be taken to rationalise the import tariffs and provide preference to domestically manufactured electronic products and mandate increasing deployment of indigenous equipment.

Infrastructure status to broadcasting

MIB is prioritising the policies for granting infrastructure status to mass-manufactured equipment and components of broadcasting distribution services. As a part of the initiative, the ministry will prescribe minimum eligibility requirements to bring in parity with other sectors like telecom. Last month, MIB additional secretary Neerja Shekhar had also sought the industry’s support in getting infrastructure status and called on industry bodies like CII to conduct "good periodic surveys and research" on media consumption patterns that would help the ministry in formulating policies.

Greater FDI in the broadcasting sector

In its effort to catalyse the growth of the booming broadcasting industry, MIB has been focusing on foreign direct investment (FDI) policies. To attract greater FDI in the sector, it has envisaged creating an investor toolkit explaining the broadcasting supply chain with relevant rules and regulations. It also envisages establishing a liaison cell within the ministry to work on foreign investment-related complexities.

The ministry is also looking to ease the licensing and permissions regime. It will also review existing governance frameworks for both television and radio segments to ensure time-bound clearances. The policy also suggests review mechanisms for notice, disclosure, reporting of interconnection agreements between broadcasters and distribution platform operators. It will also push liberalisation in extant conditions for mergers and acquisition in the FM radio sector.

Strengthen self-regulation

The draft policy also highlighted that self-regulation is emerging as the preferred option for content governance globally and India would make efforts to strengthen it. The ministry is working to amend the old Cable TV Act and revisit content restrictions on live events on radio on the basis of consumer demand and national security considerations. The policy will also provide statutory recognition to Programme Code and guidelines administered by the Broadcast Content Complaint Council, as well as News Broadcasting Standards Authority.

Back in December, MIB joint secretary Vikram Sahay had allayed regulatory concerns from digital players by stating that it will not strangulate creative freedom and will be in touch with the industry to iron out a model that is acceptable to all parties. However, the Centre is trying "to ensure that our consumers are protected in all ways" from fake news and other unacceptable content.

Review the current audience measurement system

In view of the recent controversy around TV viewership measurement, the policy also plans to review the current system of ratings to improve credibility. It also suggests developing a tool kit on good data practices. It will also look at SoPs for responding to cyber-security incidents for DPOs and audience measurement agencies.

Expand global footprint of Indian satellites

Of all the private satellite TV channels, around 70 per cent channels are being uplinked from foreign satellites. MIB is prioritising the matter of migration of Indian broadcasters to Indian satellites in the draft policy. To make this a reality, the ministry will look at rationalising license conditions, incentivising the migration, taking note of the industry’s requirement for Indian satellites’ footprints.

Taking the public broadcaster beyond Indian territory

MIB is upbeat about Prasar Bharati’s international expansion with the launch of Doordarshan international channel, strengthening AIR’s external services division. Among other provisions, the ministry is highly focusing on content security and content protection, fostering competition to create the level playing field, catalysing skill upgradation and development to foster better quality content, adapt with new technologies, extending the scope for co-production, student-exchange with foreign countries.

January 12, 2021