NON-REGULATION AND NON-CENSORSHIP OF THE CONTENTS ON OTT PLATFORMS AND ITS IMPACT ON JUVENILES IN INDIA
By Himanshi Srivastava, Research Scholar, Faculty of Law, United University, Prayagraj, India & Dr. Roshni Shrivastava, Associate Professor, Faculty of Law, United University, Prayagraj, India.
ABSTRACT
The OTT (Over-the-top) platforms in today’s generation has a big and strong fan base and web series has a separate fan base. There are many platforms available on the internet where youngsters can freely engage themselves such as Netflix, Amazon Prime Video, Voot, MX Player, Hotstar, and so on. As these are mostly youth-based and very much addictive, people especially the juveniles are willing to compromise everything for the sake of watching their favourite web series. But as these contents are non-regulated and non-censored by any authority till now, watching violence, abusive behaviour, physical assault, drugs and sexual related contents are giving a negative message that they are normal and are accepted by society as whole and hence, these are influencing the young minds of the country to adapt the reel life into real life without the basic understanding of the legal consequences. The recent case studies revealed that how the crime rate in India is on rise among the juveniles especially against the heinous offences whose pattern are inspired by some or the other show/series.
Hence, the goal of this research article is to highlight the cause-and-effect relationship between these non-regulated contents of the OTT platforms, in particular, have had on this young generation of India resulting into increase crime rate and violence among juveniles. The article suggests the appropriate measures which should be taken by the Government to address this menace through the robust regulation framework focused on the social media without violating their artistic freedom.
Keywords- Over the Top platforms, social media, Non-Regulation, Censorship, Crime, Juveniles etc
I. INTRODUCTION
“The series with abusive/violent type of content will not only pollute the young minds of the children, and may also result into abuse exploitation of children at the hands of the perpetrators(s)/offender(s), it does not allow representing, portraying, and glorifying children in India in such a manner on any media platform/internet/OTTs, etc.”
- National Commission for Protection of Child Rights
Recently, six boys aged 15-17 years stabbed a 22-year-old man in full public view in east Delhi. After their apprehension, the cops found the youngsters had posted their videos, even the CCTV footage, of their crimes with voiceovers on social media, the aim obviously being to liken themselves to hardened criminals.[1] Over the past 10 years, social media has received a lot of attention, which has led researchers to examine how social media impacts our society. Even while almost everyone in the neighbourhood is signed up for at least one social networking site, kids and teenagers are the most passionate and devoted users. According to professionals in this sector, these social media platforms have a significant negative impact on our children's morality, behaviour, and educational outcomes. People can sway with their passion, interact with friends and relatives who share their interests, and learn new things using social media. It carries on from their prior contacts, both online and offline, in this regard. It’s frequently an important factor in how teenagers/juveniles connect with others, especially their friends.
However, the recent report suggests that in earlier times, when we see the traditional cinema, there was a mandatory censorship and due to the reason of censorship decency, morality and ethics used to be paramount consideration while making any content, so that viewers can enjoy the movies along with their family members and friends. It was favourable to everyone. But currently, the media has changed a lot after the easy unrestricted access for the OTT platforms. There is no proper regulatory mechanism and censorship, privacy policy has been not strictly followed and many sexually explicit scenes and abusing languages have been used very fluently. There is lot of violence and consumption of drugs, alcohol, smoking shown in the movie. Watching these contents along with the family members including minors is not now favourable or people are not comfortable to watch it along with the family. The contents covered are highly objectionable and not suitable for the younger generation or juveniles to know as per their age. Watching an abusive based contents in the web series has changed youth’s behaviour and their way of speaking to everyone around them. Youth as well as adults feel insecure and wanting to live in their virtual world, away from real life which is leading an abnormal lifestyle deteriorating their life as whole.
II. WHAT ARE OTT PLATFORMS?
The term OTT stands for Over The Top Platform, services that provide customers with a variety of entertainment-related content, such as short films, web series, feature films, documentaries, etc. OTT, this convenient little phrase, which refers to a new way to view movies and TV shows whenever we want, on a number of devices, and without the help of conventional broadcast, cable, or satellite pay-TV providers, has a broad connotation. OTT streaming, to put it simply, is when you pay an internet service provider, such as Xfinity, for having an access to the internet, so you can stream Netflix without having to pay for cable TV. OTTs, or over-the-top services, are websites like Netflix, Spotify, Amazon Prime, and others that offer streaming video and music content online. You may pay for the kinds of material you wish to see on the OTT platforms. Therefore, it is also called a subscription-based video on demand (SVoD).
It is a new concept as it doesn't use cable, broadcast, or satellite television networks. Being easily accessible on smartphones and desktops, it is also a practical way for customers to take advantage of services. Customers do not have to take the more time-consuming way of purchasing tickets and visiting the theatre to see a film or turning on the television and patiently waiting for the countless adverts to end before they can watch the television series they want to watch. Customers do not have to take the more time-consuming way of purchasing tickets and visiting the theatre to see a film or turning on the television and patiently waiting for the countless adverts to end before they can watch the television series they want to watch. Accessibility and subscription-based services are the main characteristics that elevate OTT above conventional viewing.
One can have access to International-level content from everywhere in the world. The OTT platform first served as a "content hosting" medium, but it later expanded its reach by producing and publishing web series, short films, feature films, and various sorts of online entertainment material. In 2008, OTT was first time introduced in India when Bigflix was launched by Reliance Entertainment. Ditto (TV) and Sony Liv were introduced later in 2013 which led to a huge upthrust in OTT media. As a result of their massive subscriber bases and yearly growth, Netflix and Disney Hotstar respectively led the market in 2015 and 2016. It is controlled by Artificial Intelligence (AI), which analyses search history to determine the public’s interests and then recommends material based on those searches. “The OTT operates on a TRAIL and PREMIUM basis, where common content found on other websites may be accessed for free while paying for exclusive content that is found only on the platform.”. The OTT platforms are free to transmit any content they want, unlike the content offered by cinema or television, which is controlled by administrative bodies like the CBFC, BCCC, etc. It is a belief that what an individual observes has an impact on his/her mind long after they or watch it. Online content streamed by use of these platforms has a worldwide reach. Thus, have a significant influence in influencing and forming a person’s perspective or way of thinking.
III. NON-REGULATION OF THE CONTENTS ON OTT PLATFORMS
Recently, a child protection body in India has asked Netflix to immediately stop streaming its latest series ‘Bombay Begums’ following concerns over inappropriate portrayal of minors. It has been argued that the five-woman life-story drama series will “pollute the young minds of the children." The commission took notice of the tweets indicating that a Netflix India series features young people using cocaine and schoolgirls discussing sending body part photos, among other things. When Amazon Prime's Commercial Head, Aparna Purohit, challenged the Allahabad High Court's decision to deny her pre-arrest bail in the criminal cases related to the web series “Tandav,” the Supreme Court made a similar observation: "We are of the view that some screening of OTT content should take place.” Similarly, Delhi High Court also reprimanded the ALT Balaji productions over their content being shown on the web-series “XXX” as “abusive and objectionable content”.
In 2023, Telecom Disputes Settlement Appellate Tribunal (TDSAT) has ruled that Over The Top (OTT) platforms like Hotstar are not in the jurisdiction of the Telecom Regulatory Authority of India (TRAI) and are governed by the Information Technology Rules, 2021, notified by the Ministry of Electronics and Information Technology (MeitY).
According to TDSAT, as OTT platforms don't need any authorisation or licence from the national government, they are exempt from the TRAI Act, 1997. The All India Digital Cable Federation (AIDCF) filed a petition against Star India Pvt Ltd (STAR), and this order was issued in response. AIDCF contested Star's free World Cup streaming on Hotstar, arguing that it was unjust and in violation of TRAI regulations.
In response to this news, the Central Government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 to regulate OTT platforms in the year 2022. According to these regulations, intermediaries, publisher news, and self-regulation are the main determinants of OTT platform regulation. In exceptional cases, the government may choose to prohibit particular types of content. Even if this could be a big start in the right direction, there is still a need for more comprehensive regulation with strong mechanisms in addition to the OTT platforms' own self-regulation.
The Rajya Sabha enacted the Digital Personal Data Protection Bill 2023, later in August 2023. This bill attempts to control the processing of digital personal data while respecting the right of individuals to protect their personal information and the valid purposes for which it may be processed. This Bill's key clause mandates the requirement of parental consent. But it also does not have the fundamental mandate of content screening. In an informal survey, parents were asked if they thought mandatory parental consent should be implemented in India for minors under the age of 18 to access social media, OTT/video platforms, and online gaming platforms. Seventy-three percent of parents said they would strongly approve this move. According to this consensus, platforms should put more controls in place, recognise when a youngster is making an account, and make sure that the right procedures are followed to get parental permission.
IV. WHAT ARE THE FOREIGN LEGISLATIONS ON THE REGULATION OF THE OTT PLATFORMS?
1. United Kingdom: In September 2018, one of the most prominent news organisations in the country, the BBC, criticised the UK government for failing to regulate these over-the-top (OTT) services. Furthermore, it was explicitly stated in an announcement made by The British Board of Film Certification that they will be collaborating with Netflix. Since these OTT platforms were not subject to any direct legislation. According to the terms of this agreement, Netflix will be free to determine its own ratings for all of the content that is hosted on the board.
2. Singapore: The Infocomm Media Development Authority, or IMDA as it is officially known, created a code of conduct for these over-the-top platforms in Singapore in 2018.
Furthermore, the OTT platforms in Singapore are now required by government standards to rate both the movies that are available on their platform and the content that is available on it, just as offline movie theatres. This code contains specific guidelines for content that is intended for visitors who are at least 16 years old, or 21 years old, as that is the appropriate age.
Additionally, it states that the platform must ensure that the parental lock feature is available for content intended for audiences above than 16 and must have a suitable process in place for unlocking said content following age verification for content intended for viewers 21 and above. Additionally, the regulatory body has taken care to notify these OTT platforms and to restrict the code that has been prescribed for them. Additionally, they must abide by the new standards in addition to the Singaporean regulations already in existence.
Australia, Turkey, Indonesia, Kenya, and Saudi Arabia are among the few other nations that have implemented laws directly regulating over-the-top (OTT) platforms or that have other measures governing such platforms and their content.
V. EFFECT OF OTT PLATFORMS ON JUVENILES
The use of social media by today's youth has both advantages and disadvantages. Youth in India utilise social media for a variety of purposes. Studies show that 92% of college students utilise social media. We are able to access social media from anywhere at any time, thanks to technology. These include entry-level internet-capable phones, iPads, laptops, and pocket PCs. Teenagers that use social media are less productive. Young people lose their independence and become reliant on their parents and family. It is possible to make better use of the hours spent on social media by using online courses and research resources. Social media provides a forum for online harassment and theft, which makes identity theft easier. For a number of reasons, youngsters are put in danger when their personal information is stored in areas they are unaware of or whose security is questionable. There is currently a focus on how social media affects Indian youth and the general public. Emails, shopping, education, and business. Social media alters people's way of life.
On blogs and social networking sites, connections are simple. Journalists and their organisations have had to tread carefully ever since Facebook and Twitter were adopted as news tools. These locations see frequent visits from people. “Affordable, widely available electronic technologies that allow anybody to publish and access content, collaborate, or build relationships” is how social media is most commonly defined.
OTT platforms in India began with an abundance of very explicit shows before reversing the sexual trend and exploring themes that were once prohibited in Indian culture. Streaming channels made enormous amounts of money covering whatever from stories about crime, depression, and the problems of young people in small urban towns to issues relating to lust. Streaming websites are providing young people from Tier-2 and Tier-3 towns with uncensored slang they use in daily life, in addition to content in their local language, to help them see stories set in their own reality. The Indian streaming industry intends to offer young Indians stories that are larger-than-life, colourful, appealing and bold, along with new topics, programs, and styles. The fact that shows like Sacred Games and Dev DD become so popular indicates that they are ideal for this younger population.
It's interesting to note that these programs have also shown to be successful in attracting in large-scale sponsors, and advertisers are turning to them in an effort to reach a growing and new audience. According to industry surveys on Indian entertainment media released in 2017–18, there is a growing demand for specialised, customised content to meet this requirement. New series of streaming stories including Sacred Games, Love Lust and Confusion, and Mirzapur are being released by niche streaming providers. The idea is to draw in young Indians who are comfortable with individualised TV and do not mind using computers or mobile to browse for their favourite shows.
VI. CONCLUSION
In conclusion, online web series shows cause more harm than good. Because society become tolerant to violence and tends to emulate what they see online, web series programs have the potential to incite aggressive and violent behaviour. Even though other web series channels are a major source of hostile and violent activity, they are not the only cause. This is because, in contrast to the others, they view content online for the majority of their time. The hazy perceptions of good and evil that these programs have produced make it easy for them to mimic violent action. Their increased exposure to violent web series has made them less sensitive to the horrors of violence since they are accustomed to seeing violence in these shows. It seems that web series programs encourage young people's unfavourable social development. They are still young and do not know how to distinguish between good and evil things, therefore they can always do whatever they want without thinking about the consequences based on what they have seen on web shows. Therefore there is a need to have a proper regulatory mechanism to censor the contents of OTT platforms and limit the access for the under-age viewers by making a check and balance on the ratings and mature contents being made available to every online platforms easily.
This research paper proposes the following recommendations that:
1. While the DPDP Act, 2023 establishes safeguards for child data protection, such as parental consent, issues with age verification and determining what contents constitutes damage to juveniles still persist.
2. It takes cautious handling to deal with cases when parents withdraw their consent or where youngsters attain the consenting age.
3. Challenges such as biometric data storage and device compatibility might make implementation complex.
4. A major source of contention for the business is that the act itself makes no recommendations regarding how platforms can implement age-gating.
5. Establishing the trustworthiness of a child’s relation with his or her parents is another problem.
What are the Possible Suggestions for Preventing the Juveniles to access the unregulated or non-censored contents?
1. Self-Declaration: During account setup, companies have the option to let parents declare their connection with the child.
2. Two-factor authentication: Using two-factor authentication (2FA) can improve security for parental subscribed accounts. To confirm the consent, parents can receive an email or SMS code.
3. Biometric Verification: It is safe and private to use biometrics (such fingerprint or face recognition) to obtain parental approval.
4. Proxy Consent: Parents may give approval for a reliable person (such as a paediatrician or school) to confirm that they are the child's legal guardian.
5. Age-related Design Model: Government should introduce a framework on the verge of the UK’s Age Appropriate Design Code (AADC) as a model to enhance the security and regulation over the contents of OTT platforms.
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