Film actor Salman Khan’s recent comment that there should be censorship for content on over-the-top (OTT) platforms once again brings to light the inherent tension between the world of age-old cinema and the emerging new medium. The tension between the two sides and the demand for a level playing field first started when OTTs started gaining traction and Indian content started becoming bold in terms of dialogues and adult content. The film industry felt cheated as similar content by them faces the axe of the censor board during the certification process, whereas there was no such restriction on OTT content. The logic was that if a same production house makes a movie, it would require the censor board’s certification before it is released in theatres, whereas there would be no such hindrance if the same is released exclusively on any of the OTT platform. The two years of the pandemic escalated the rivalry even more sharply, as OTT content gained ground, with many small film-makers releasing their films on such platforms. Several web series also hit the popularity jackpot, and today, these pose serious competition to films meant for theatre release.
While the demand for a level field sounds logical, there’s a basic difference between the two mediums. A film releasing in theatres is for public viewing whereas OTT content is for private viewing. Because of this distinction, the former needs pre-certification, whereas self-classification and regulation is a right move for the latter. The self-classification and regulatory mechanism was put in place by the information and broadcasting ministry in February 2021, which seems to be working fine. The guidelines mandate streaming services should classify all content into five age-based categories as is done by films and TV currently. If consumers feel that there’s been a violation of any of the guidelines or code of ethics laid down for OTTs, they can seek redressal through a three-level grievance redressal mechanism with different levels of self-regulation.
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In the first level, the grievance would be handled by the producers or content creators. If that is not satisfactory, the matter will reach the second level where there would be self-regulating bodies comprising producers or content creators, which will be headed by a retired judge of Supreme Court, or high courts, or eminent person from the domain. If these two levels fail to satisfactorily address the grievances then the matter would be looked into by an oversight mechanism which would be a mix of inter-departmental government and industry panel. This self-classification, regulatory mechanism seems to be working fine. The issue therefore boils down once again whether a pre-censorship like theatrical releases should be adopted for OTTs rather than the post-facto arrangement as exists at present. While views would differ, it should be kept in mind that private viewing is separate from public viewing and putting in place exactly the same kind of regulatory framework for the two mediums would kill innovation and creativity.
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However, such demand and noises would keep surfacing as is evident in the telecom space also, where the telecom service providers are pushing for the same regulatory mechanism that they have to face for OTT communication apps. The fact is that there will always be inherent tension between the old and the new, but the government should evenly balance the interests of the two and avoid over-regulation. Self-regulation is the way forward and the industry concerned should act responsibly. Government’s intervention should be the last resort.