Streaming platforms battle fresh concerns of government control, regulations

Platforms are increasingly cautious about content, fearing political backlash and stricter oversight, which could impact their creative freedom and financial viability.

Lata Jha
Published22 Sep 2024, 03:29 PM IST
The makers of Netflix original IC 814: The Kandahar Hijack, were summoned by the government over Hindu names of the terrorists.
The makers of Netflix original IC 814: The Kandahar Hijack, were summoned by the government over Hindu names of the terrorists.(X)

The recent controversy around Netflix original IC 814: The Kandahar Hijack, whose makers were summoned by the government over Hindu nicknames the terrorists had assumed, has triggered fresh concerns for video streaming platforms over regulation and creative freedom.

The over-the-top or OTT services, already playing safe to comply with rules under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, fear greater control being imposed on them given the sentiments in the country. A public interest litigation (PIL) has already been filed in the Supreme Court seeking a direction to the Centre to set up an autonomous body to “monitor and filter” content and regulate videos on OTT and other platforms in India.

“The fear has definitely increased and platforms are just keeping a hawk eye on social media reactions and public sentiments around anything that is put out,” said a senior executive at a streaming platform declining to be named. “Nobody wants any additional restrictions on operations at a time that the core business is anyway far from making profits. Going to court and fighting just doesn’t make sense.”

Also Read |  IC- 814 row: Netflix content head meets I&B, ensures ‘future content in accordance with nation’s sentim

Quite a few shows on OTT platforms over the past few years that have attracted the ire of interest groups in India, irrespective of being based on fact or fiction. That increases the risk for an industry that is struggling to draw paid users. According to a report by media consulting firm Ormax, the audience universe for video streaming currently stands at 547.3 million people in India but active paid subscriptions have stagnated at 99.6 million.

OTT services have drastically cut down on stand-up comedy shows where artistes would earlier freely comment on socio-political issues, the executive quoted above said. “The proposed autonomous body would be a huge challenge. We already know how the censor board currently takes forever to approve multiple language versions of a film. Plus, you can never predict when or how they might get swayed or what changes they would ask for, impacting the core essence of the show.” 

Also Read: IC 814 hijack hero Captain Devi Sharan once spooked by ‘haunted’ UAE hotel, reveals new book

A second executive who did not wish to be identified also pointed out that controversies with bigger platforms such as Netflix bring other services under the radar. “The whole industry suffers because they are seen as the face of OTT.” 

Netflix did not respond to Mint's queries. An email sent to the information and broadcasting ministry also remained unanswered.

“In terms of impact, OTT platforms are now likely to minutely examine the content they propose to publish, far more carefully than done so far. They may also choose less problematic topics or themes for their series or movies,” said Ayan Sharma, head of public policy and advocacy at legal firm BTG Advaya. “The commercial impact of political controversies is too large a risk for OTT platforms to ignore. Platforms, being for-profit enterprises, would rather change their content or modify it, as ultimately, safeguarding their financial viability would be paramount.”

Also Read | IC 814: The Kandahar Hijack – did Netflix series maker Anubhav Sinha ‘hide’ terrorists’ identity? Govt document says…

Looking at overall trends, however, the I&B ministry does seem to be moving towards a position that sees tighter OTT content regulations in place, which could maybe include pre-certification of online content, Sharma said.

According to Aasish Somasi, associate partner at legal firm SNG & Partners, Advocates & Solicitors, the IT Rules were introduced to regulate content on OTT platforms and digital news publishers in India. However, the absence of a clear regulatory framework for OTT platforms has led to concerns about the potential for unregulated or harmful content, he said. It has also raised questions about the extent of the government's oversight over the OTT industry, Somasi added.

Tricky landscape regarding political controversies

As a result, the industry finds itself navigating an increasingly tricky landscape regarding political controversies. The IC814 show, despite being an adaptation of a book, has drawn sharp government attention, signalling that even creative liberties based on historical events can trigger a backlash, legal experts said. 

There has been a healthy balance with the OTTs self-regulating themselves and running their scripts past expert media lawyers for advice and inputs till now, according to Anupam Shukla, partner, Pioneer Legal. But if the number of instances of social backlash, justified or otherwise, keep increasing, then the government will be constrained to take a more drastic step to appease the more conservative elements of the population, Shukla said.

Nilesh Tribhuvann, managing partner at White & Brief - Advocates & Solicitors, flagged growing concern about the fine line between storytelling and perceived political sensitivities. 

“OTT platforms are now exploring ways to ensure that creative content is engaging and mindful of potential political repercussions,” said. “However, this approach may risk diluting the essence of creative freedom.” 

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First Published:22 Sep 2024, 03:29 PM IST
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