An Empirical Study on Conundrum Of Regulating Over-The-Top (OTT) Platforms In India

Abstract

The internet's rapid spread has changed trade, communication, and media. Top advancements include Over-the-Top (OTT) systems, which offer content, services, and apps via high-speed internet. This article examines OTT platforms' regulation, stakeholder disputes, and changing legal frameworks in India.

India has the second-largest internet user population, therefore OTT platforms will grow. The lack of restrictions raises serious doubts regarding their operation in the country. Telecom providers, regulators, and traditional media platforms face income loss, regulatory imbalance, and free speech difficulties.

Different governments view OTT platforms differently, making definition difficult. No unanimity complicates regulatory efforts, making platform classifications and oversight questionable. Content restriction, cultural sensitivity, and kid protection raise questions regarding regulation and the balance between free speech and social standards. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, govern content classification and self-regulation. Privacy, free expression, and fair competition concerns remain, underscoring the need for comprehensive regulation.

Recent rulings by the Telecom Disputes Settlement and Appellate Tribunal highlight OTT platform jurisdictional issues. The 2023 Broadcasting Services (Regulation) Bill expands regulatory jurisdiction and standardises content regulations to address these issues. This article discusses consumer views on OTT content and censorship from a poll. It emphasizes reconciling regulatory requirements with artistic expression and consumer interests. The article provides suggestion on balancing OTT platform regulation and consumer protection. The changing dynamics of digital media consumption in India require clear standards, stakeholder participation, and legislative adaptation.