OTT content battles mainstream pressures, controversies

New Delhi: Not governed by a censor board or regulatory authority so far, video streaming platforms in India, both foreign and local, have long remained immune to the pressures of their more mainstream counterpart -- feature films. But as consumption of media grows in the country and OTT (over-the-top) streaming services cater to wide audience groups, their often risqué content has begun to ruffle far more feathers than earlier.

Mahesh Bhatt directed thriller Sadak 2 that begins streaming on Disney+ Hotstar on 28 August has been caught in the eye of the storm ever since its trailer launched. The film starring Bhatt’s daughter Alia in the lead is supposed to be a stark example of Bollywood’s nepotism that it has received much flak for since the death of actor Sushant Singh Rajput in June. At 12 million, Sadak 2, whose trailer has received the second highest number of dislikes for a video on YouTube, has also been criticized for ‘hurting Hindu sentiments’ by a VHP (Vishwa Hindu Parishad) leader as the plot revolves around fake Godmen.

Meanwhile, American streaming platform Netflix is facing the wrath of the Indian Air Force that wrote to the censor board on its portrayal in Jahnvi Kapoor-starrer Gunjan Saxena- The Kargil Girl. IAF feels it has been misrepresented as a space not offering equal opportunities to women. For its original, Guilty, Netflix had earlier been served a legal notice for using the name of a revered Sikh figure for a character “shown drinking, smoking, taking drugs and involved in sexual conduct.” Meanwhile, Amazon Prime Video original Pataal Lok was criticized for containing a sexual slur directed at people of the north east.

“Popular content and celebrities attract their share of controversies,” said Chandrima Mitra, partner at DSK Legal, adding that while streaming platforms currently follow self-regulation codes, firms like theirs continually work with content creators to advise them on what can or cannot be shown on screen. It has been a practice with feature filmmakers for long but is now starting for web content too.

Unlike films where people buy a ticket to watch an individual offering, OTT services work on monthly, quarterly or annual subscription packages and one may presume it would be unviable for a person to uninstall an app or give up a fat subscription he or she has already paid for. In case of Sadak 2, netizens launched a hashtag to uninstall Hotstar as the debate gained ground.

“People will resort to several means whether through social media activism or filing frivolous litigations just to attract attention,” Mitra said pointing to the 2015 controversy where several users had uninstalled the Snapdeal app or given it poor ratings after brand ambassador Aamir Khan had made an alleged comment on intolerance in the country.

As of now, a film meant for theatrical release in India is governed by the Cinematograph Act, 1952 (which has constituted the CBFC), while the Cable Television Networks (Regulation) Act, 1994 (Cable TV Act) governs the programmes broadcast on television.

The Indian Broadcasting Foundation (IBF), the apex body of broadcasters, has also framed a set of self-regulating content guidelines and set up the Broadcasting Content Complaints Council (BCCC) as an independent self-regulatory body for non-news general entertainment channels, for redressal of viewer complaints.

Early last year, nine video streaming players, including Hotstar, Voot, ZEE5, Arre, SonyLIV, ALT Balaji, Reliance Jio, Netflix and Eros Now, had signed up to adopt a self-regulatory Code of Best Practices under the aegis of the Internet and Mobile Association of India (IAMAI). However, fewer companies signed the revised code which added an external layer of complaint redressal.

Top officials at the ministry of information and broadcasting say that unlike television broadcasting and feature films, the video streaming industry in India will continue to enjoy creative freedom and platforms will only have to come together to create a self-regulation model, which they seem to be in the process of finalising.

To be sure, streaming players insist they are mindful of the cultural nuances of the countries they operate in, especially if they happen to be global entities and say they are aware that freedom of expression exists with restrictions. However, some point out that it is often a ploy against big entities, for instance, Netflix had a police complaint filed against it for screening a Telugu film called Krishna and His Leela that was criticized for depicting Lord Krishna as a playboy. However, there was no mention of other services also owning rights to the film and showcasing it.

“The point is often films with proper certification also get into controversies so it boils down to the fact that controversy is a part of our fabric. However, the intention is never to hurt anyone in the name of entertainment or ruffle any feathers,” said Vishnu Mohta, co-founder of Bengali streaming platform Hoichoi. The service does give guidelines to its writers, Mohta said, and knows it has to be sensible and customer-first.