Lok Sabha Question No. 3214 (UNSTARRED), answered on 2021-08-06
Subject: Regulation of OTT Platforms
Ministry: INFORMATION AND BROADCASTING
Asked by: Malook Nagar, Shardaben Anilbhai Patel, Mitesh Rameshbhai (Bakabhai) Patel

## GOVERNMENT OF INDIA

## MINISTRY OF INFORMATION & BROADCASTING

## LOK SABHA

UNSTARRED QUESTION NO. 3214

TO BE ANSWERED ON THE 06 th   AUGUST, 2021

## REGULATION OF OTT PLATFORMS

3214  SHRI MALOOK NAGAR

SHRIMATI SHARDABEN ANILBHAI PATEL SHRI MITESH RAMESHBHAI PATEL (BAKABHAI)

## Will the Minister of INFORMATION AND BROADCASTING be pleased to state:

- (a) whether  the  lack of rules/law to prevent the broadcast  of objectionable contents streaming on Over-The-Top (OTT) platforms is harming the rich cultural traditions and beliefs of the people and if so, the details thereof;
- (b) whether the Government has taken note that contents available on the said platforms are transmitting negativity in the minds of adolescent and if so, the reaction of the Government thereto;
- (c) whether, as per the earlier released notification of the Government, the OTT platform comes under the ambit of his Ministry and if so, the details thereof;
- (d)  the  details  of  any  specific  laws  which  regulate  the  OTT  platform and ensure that public are not hurt by their content/programmes; and
- (e) the policy of the Government to check the issues relating to piracy of movies?

## ANSWER

THE MINISTER OF INFORMATION AND BROADCASTING; AND MINISTER  OF  YOUTH  AFFAIRS  AND  SPORTS  (SHRI  ANURAG  SINGH THAKUR):

(a) to (d) : Government has notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, on 25 th  February, 2021 under Information Technology Act, 2000. A copy of the Rules is available on the website of the Ministry i.e. www.mib.gov.in.

Part-III  of  the  Rules,  inter-  alia,  provide  for  Code  of  Ethics  to  be followed by publishers of news & current affairs on digital media and publishers  of  online  curated  content  (OTT  Platforms).      The  Code  of Ethics for OTT platforms specifies general principles to be followed by the platforms for carriage of content, classification of content into five age  based  categories,  display  of  such  classification,  and  restricting access to children  of higher rated content. Schedule to the Rules lays down guiding principles for content classification.

The Rules also provide for a three-level Grievance Redressal Mechanism  relating to the violation of Code  of Ethics by the publishers.

As per the Allocation  of  Business Rules  (as    amended  on 9.11.2020) the subject relating to content of news and current affairs and audiovisual content on online platforms is under the mandate of Ministry of Information & Broadcasting.

(e) : Government  has introduced the Cinematograph (Amendment) Bill, in Rajya Sabha on 12.2.2019, inter-alia having provisions  for curbing of piracy of films. The Copyright Act, 1957, as amended in 2012, provides civil as well as criminal remedies to the copyright holder. The  Information  Technology  (Intermediaries  Guidelines  and  Digital Media Ethics Code) Rules 2021, notified under Information Technology Act, 2000, inter alia, specifies that the intermediaries shall inform the users of their computer resource not to host, display, upload, modify, publish,  transmit,  update  or  share  any  information  that  infringes  any patent, trademark, copyright or other proprietary rights.

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