SC dismisses plea for a regulatory board to oversee OTT

The Supreme Court has dismissed a Public Interest Litigation (PIL) calling for a regulatory board to oversee over-the-top (OTT) and streaming platforms in India. The petition argued that these platforms lack the checks and balances that traditional media, like films and TV, are subject to.

A bench, led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, while remarking, “This is the problem of PILs. They are all on policy now and we miss out genuine PILs,” ruled that the matter pertains to policy decisions and extensive consultations are need to be carried out with various stakeholders.

The Supreme Court’s decision highlights the ongoing debate about content regulation in the digital age.

Petitioner advocate Shashank Shekhar Jha in his PIL argued for the necessity of such a regulatory body, stating that unlike films which require a certification from the Central Board of Film Certification (CBFC), OTT platforms operate under self-regulation, which allows for the unchecked broadcast of controversial content, such as explicit scenes, violence, substance abuse, often without proper warning.

Jha further stated that the IT Rules 2021 to self-regulate OTT platforms had been inefficient in controlling the streaming of such objectionable content.