New Delhi: The Supreme Court of India has decided not to pursue a public interest litigation (PIL) aimed at establishing a regulatory board for over-the-top (OTT) and streaming platforms. This ruling addresses ongoing concerns about the absence of oversight that traditional media is subject to, leaving the current regulatory status of OTT platforms intact.
The PIL, filed in September by lawyers Shashank Shekhar Jha and Apurva Arhatia, specifically cited the Netflix series IC 814: The Kandahar Hijack. The petitioners argued that the series misrepresents historical events and downplays the violence of the hijackers, which they believe trivializes a significant tragedy and risks distorting public perceptions of terrorism while potentially vilifying the Hindu community.
In their appeal, the petitioners requested that the Supreme Court direct the central government to create an independent body, the “Central Board for Regulation and Monitoring of Online Video Contents.” This board would oversee and filter content available on various streaming platforms in India. The case included multiple government ministries, such as Information and Broadcasting, Health and Family Welfare, and Defense, as parties involved.
The petitioners also raised concerns about potential violations of fundamental rights, including the right to equality, freedom of expression, and the right to life, as enshrined in Articles 14, 19, and 21 of the Indian Constitution. They proposed that the regulatory board be led by a secretary-level IAS officer, incorporating members from diverse fields, including law, media, film, and academia.
Despite these arguments and concerns, the Supreme Court has chosen not to advance the matter, leaving the regulatory framework for OTT platforms unchanged for now.
