FAQ: Will new IT rules lead to censorship on OTT platforms?
By Asianet Newsable English | First Published Jun 26, 2021, 10:53 PM ISTThe Information and Broadcasting ministry has sought to clarify the air surrounding the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Here is part 1 of frequently answered questions on the new guidelines.
1. What is the significance of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021?
Digital media has grown over the past several years. Many new stakeholders such as online news portals, OTT platforms, etc. have become common on the internet. These rules provide an institutional mechanism for these entities, empower the citizens and protect the children from potentially harmful content while upholding the freedom of speech and expression of the citizens, including the press and the artists.
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The rules would ensure the sustainable and long-term development of India's media and entertainment sector while providing recognition and opportunities for the news media persons on the digital media.
2. Under which statute have the rules been framed? Will they be placed before Parliament?
The Information Technology Act, 2000 is a law passed by the Parliament. The rules have been made under the Act and will be tabled in the Parliament.
3. What is the date from when the rules will be effective for digital news publishers and OTT platforms?
The rules have become effective from February 25, 2021.
4. Which entities are covered under the scope of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021?
The rules apply to publishers of news and current affairs, publishers of online curated content (commonly called OTT platforms) and intermediaries.
5. Are these rules administered by the Ministry of Electronics & Information Technology or the Ministry of Information & Broadcasting?
Part II of the rules relate to intermediaries and would be administered by the Ministry of Electronics & Information Technology. Part III relates to digital news publishers and OTT platforms and would be administered by the Ministry of Information & Broadcasting.
6. Which entities are publishers of news and current affairs on digital media?
An online paper, news portal, news aggregator, news agency, etc., are publishers of news and current affairs content. Other entities which perform similar functions such as these are also publishers of news and current affairs content.
7. Who is a publisher of online curated content?
Publishers of online curated content are commonly known as OTT platforms. These include examples like Netflix, Amazon Prime, Zee5, Alt Balaji, etc. These publishers decide the variety of programmes, films, web series, etc., on their platforms and make it available to the audience.
8. What is meant by online curated content?
Online curated content is audio-visual content such as films, web series, etc., made available to the viewers on demand by OTT platforms.
9. Which content over the Internet can be called to be available on-demand?
Content that can be selected and accessed by a user, subscriber or viewer at a time chosen by him/her can be called to be available on demand.
10. Are common users who post various types of content, including opinions about various recent events, on the Internet also publishers?
Common users who post content on the Internet, but not as a systematic business activity, are not covered in the definition of the publisher of news and current affairs content.
11. Do the rules apply only to the websites of the publishers?
The publishers need to observe the rules with respect to the content being disseminated irrespective of the online means used for dissemination.
12. What is the Code of Ethics for digital news publishers?
* Norms for Press Council of India on journalistic conduct
* Programme Code under section 5 of Cable Television Networks (Regulation) Act, 1995
* Content, which is prohibited under any law, shall not be published or transmitted.
13. Does the Code of Ethics add new restrictions for news publishers?
Code of Ethics for digital news publishers stipulates that they follow existing laws; no new law or regulation has been prescribed. While some news websites may have already been following the norms for print and TV news media, the Code of Ethics only places it in perspective that digital news follows the Norms of Journalistic Conduct (applicable to print) and Programme Code under the Cable Television Networks Regulation Act (applicable to TV), thereby creating a level playing field in the news media industry.
14. What is the Code of Ethics for OTT platforms?
The Code of Ethics for OTT platforms includes the following elements:
* General principles related to prohibited content and content regarding which the platforms need to observe due caution and discretion.
* Content classification and rating of content as per various age-based categories.
* Display of content classification and content descriptors.
* Age-gating, parental locks and age verification mechanisms for restriction of access to certain content by children
* Measures to improve the accessibility of content for persons with disabilities
15. What are the general principles required to be observed by the OTT platforms as part of the Code of Ethics?
The general principles to be observed by the OTT platforms as part of the Code of Ethics include:
* Not to publish any content which is prohibited under any law or prohibited by any court of competent jurisdiction.
* Take into consideration the implications, and exercise due caution and discretion in respect of the content that impacts the integrity and sovereignty of India; threatens, endangers or jeopardises the security of the State; is detrimental to India's friendly relations with foreign countries, or is likely to incite violence or disturb the maintenance of public order.
* Take into consideration India's multi-racial and multi-religious context and exercise due caution and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group.
16. What are the various content elements that should be displayed with online curated content?
OTT platforms must display age-based content rating and content descriptor for each content or programme, web series, etc. If applicable, the publisher should also display advisory advising on viewer discretion at the beginning of the programme.
17. What is the basis for using five-level age-based classification criteria? How does it help the consumers?
The age-based classification criteria, based on international practice, is intended to protect children from potentially sensitive or harmful content. Since education and media plays a major role in shaping and developing the minds of children, five age-based categories would help the parents make informed decisions about the content that they may allow their children to consume.
18. What are the various age-based categories into which online curated content would be categorized?
Online curated content will be classified into the following age-based rating categories:
* U: unrestricted access, regardless of age, and is family-friendly.
* U/A 7+: For persons aged seven years and above and can be watched by a person under the age of seven with parental guidance.
* U/A 13+: For persons aged 13 years and above and can be watched by a person under the age of 13 with parental guidance.
* U/A 16+: For persons aged 16 years and above and can be watched by a person under the age of 16 with parental guidance.
* A: Restricted to adults.
19. Is there any censorship on OTT platforms?
The rules do not contain any censorship provisions. Content by OTT platforms would be self-classified by them.
20. What factors are to be considered for the classification of content?
The content may be classified on the basis of i) Themes and messages; ii) Violence; iii) Nudity; iv) Sex; v) Language; vi) Drug and substance abuse; and (vii) Horror. These are described in the Schedule to the Rules.
21. What details should be mentioned in the content descriptor of the programme?
The content descriptor should describe various aspects of a film, web series etc. These aspects can be related to the depiction of illegal or harmful substances, imitable behaviour, nudity, language, sex, violence, fear, threat, horror, etc.
22. How will it be ensured that children do not watch potentially sensitive content?
For 'U/A 13+' or higher-rated content, the OTT platform will implement access control mechanisms such as parental locks. For 'A' rated content, it will implement a reliable age verification mechanism for viewership of such content.
23. How do the rules promote the growth of the OTT industry in India?
The rules would further growth in the digital media ecosystem. A stable institutional mechanism would help to draw investment, create jobs and drive growth in the OTT sector in specific and the Champion Audio-Visual Service Sector in general.
Watch this space for part II of the frequently asked questions.
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