Over-the-Top (OTT) Platforms and Governance

What Are Over-the-Top (OTT) Platforms?

Over-the-Top (OTT) platforms are digital services that deliver audio-visual content directly over the internet, without using traditional distribution channels like cable TV or cinema halls.

Examples include → Netflix, Amazon Prime Video

Key features → On-demand access, Affordable subscription models, Diverse and global content, Accessibility across devices

👉 In simple terms, OTT platforms have democratised content consumption, giving users choice, convenience, and control.

Why Did Regulation Become Necessary?

With rapid growth came governance concerns. Regulation was not about censorship alone, but about responsible digital media governance.

(a) Rapid Growth and Expanding Reach

• By the end of 2022, India’s OTT user base grew:
  • From 353 million (2021)
  • To 424 million users (20% growth)

📌 Governance implication:
When a medium reaches hundreds of millions, it acquires public impact, demanding regulatory oversight.

(b) Obscenity and Social Sensitivities

• Certain OTT content uses → Explicit language, Graphic scenes

⚠ Concern → Such content may conflict with social and moral sensibilities, especially in a diverse society like India.

(c) Lack of Censorship and Child Safety

• OTT platforms are not bound by pre-certification, unlike cinema.
• Children can easily access age-inappropriate content.

📌 Governance challenge:
Balancing creative freedom with child protection.

(d) Cybercrime and Data Security Risks

• OTT platforms collect → Personal details, Payment information

⚠ Risks → Data breaches, Financial fraud

👉 This brings OTT regulation into the domain of digital security and data protection governance.

Digital Media Ethics Code: India’s Regulatory Response

To address these concerns, the Government notified the Digital Media Ethics Code under the IT Rules, 2021, covering digital news and OTT platforms.

(a) Content Classification System

OTT platforms must classify content into age-based categories:

• U – Universal
• U/A 7+
• U/A 13+
• U/A 16+
• A – Adult

Additional safeguards:

• Parental locks for U/A 13+
• Age verification for Adult content

✔ Governance value:
Informed choice without direct censorship.

(b) Norm Compliance (Parity Principle)

• Digital news publishers must follow:
  • Press Council of India norms
  • Cable Television Programme Code

📌 Key idea:
Same standards for print, TV, and digital media—ensuring a level playing field.

(c) Three-Level Grievance Redressal Mechanism

This is the core governance innovation.

Level I – Self-Regulation

• Each publisher appoints an internal grievance officer.

Level II – Self-Regulatory Body

• Headed by → Retired judges or eminent persons
• Maximum 6 members

Level III – Government Oversight

• Inter-Departmental Committee
• Oversight by Ministry of Information and Broadcasting
• Formulation of Code of Practice

👉 This model attempts minimum government interference with maximum accountability.

Way Forward: Strengthening OTT Governance

This section is crucial for mains answers.

(a) Enact a Strong Data Protection Law

• User privacy must be protected.
• Prevent misuse of personal and financial data.

✔ Aligns OTT regulation with Digital Personal Data Protection Act, 2023.

(b) Learning from International Best Practices

Example: Singapore

Key lessons:

• Common regulator for different media platforms
• Strong focus on media literacy through public education

(c) Local Language Content Descriptors

• Age ratings and warnings (e.g. violence, abuse) should be available → In regional languages, Not only in English

✔ Enhances accessibility and informed consent.

(d) Periodic Independent Audit

• Establish an independent audit body to → Review compliance, Assess grievance handling

✔ Improves transparency and trust.

Concluding Governance Perspective

OTT platforms represent → Freedom of expression, Digital innovation

But governance demands → Responsibility, Child safety, Data protection

👉 Therefore, the goal of OTT regulation is not censorship, but calibration—
protecting societal interests while preserving creative freedom.

This balanced approach defines OTT Platforms and Governance in contemporary India.