I&B ministry invites recommendation regarding certification of online content

I&B minister Prakash Javadekar recently at an event said he had invited suggestions and recommendations from audience and other stakeholders regarding certification of online content.

While the minister only hinted at certifications regarding online content, industry experts have their share of reservations for the same.

“Any kind of online content including Video on Demand Services do not require any certification or permission under the law currently. Recently, the High Courts of Delhi and Karnataka rejected petitions asking for regulation. The government has also in responses to RTIs and in judicial filings has taken the stand that they do not want to regulate VOD services,” said Sarvjeet Singh, executive director, Centre for Communication Governance at National Law University Delhi.

Singh also said, “Separately, the government has also stated before the Supreme Court that the state has no interest in regulating what persons watched within the confines of their private spaces. In this background it is surprising that suggestions have been invited for certification of content, especially when the Supreme Court has admitted a petition to decide the issue.”

But does the industry in question need a certification at all?

“What is shown on the big screen has always been regulated under CBFC but those creating content for online platforms like the YouTubes and Netflixs of the world there has been no regulation. The minister here is hinting at a probable regulation that can be brought on to OTT platforms where in there is no content up on the Internet that violates the basics of Indian morality. These days content on OTT platforms have a wide reach and hence the ministry might have thought it to be important to Introduce a regulation but we must also know that  under the aegis of IAMAI there is already a self regulatory board in place,” said Atul Pandey, Partner at Khaitan & Co.

Explaining what the impact of a possible certification in online content could mean Pandey said, “If implemented, a certification for content on OTT platforms would definitely mean interrupting creative freedom which is not ideal. Plus, most online content does have check and balances in the place of parental controls and it's more regulated than cinema which may be readily available and the rules seldom enforced.  Moreover, this may also be construed as over censorship and against the ungoverned nature of internet.”