Key points:
• In February, the Centre had framed several rules to make social media and OTT platforms accountable for the content they carried.
• Centre to place apt regulation, law on OTT platforms before SC in 2 weeks
• Rohatgi submitted: “I can show you 10 thousand movies on OTT platforms, there is no porn.
• Interestingly, while central ministers have said the guidelines stress self-regulation, solicitor general Tushar Mehta told the court that a law will be drafted.
Observing that rules recently framed by the Centre to prevent misuse of social media and OTT platforms may not be effective as they lack penal provisions and have “no teeth”, the Supreme Court on Friday asked the government to consider framing more stringent legislation or regulation.
The observation came by a bench of Justices Ashok Bhushan and R Subhash Reddy when they were hearing the anticipatory bail plea of
Amazon Prime India head Aparna Purohit in the “Tandav” case.
The Supreme Court has asked the Centre to consider framing a law to regulate content on OTT platform to submit a copy of the draft legislation for the top court’s consideration after 2 weeks. Appearing for the Centre, Solicitor General Tushar Mehta assured the court that fresh legislation for OTT platforms is under consideration.
Interestingly, while central ministers have said the guidelines stress self-regulation, solicitor general Tushar Mehta told the court that a law will be drafted.
“A perusal of the rules indicates they are more and more in the form of guidelines and have no effective mechanism for either screening or taking appropriate action for those who violate the guidelines,” it said.
While the court observed that uncontrolled viewing of content on OTT platforms was an issue, Amazon Prime’s counsel, senior lawyer Mukul Rohatgi objected to the court’s observation on porn being shown on the platform. Rohatgi submitted: “I can show you 10 thousand movies on OTT platforms, there is no porn. Great movies are shown.” Yesterday, the top court had stressed a need for pre-screening of content on OTT platforms due to the presence of pornographic material.
The court thereafter allowed the plea of Purohit for anticipatory bail with a condition that she will cooperate with police in the ongoing investigations in the case lodged against her and others for hurting religious sentiments.
Under the new rules, OTT platforms and digital media will be required to disclose information about where they publish, nature of the content they share as well as the size of their subscriber data. They will also be required to set up a grievance redressal mechanism. For regulation of OTT platforms, the government mandated that a self-regulation body headed by a retired judge or an eminent person, should be set up.
