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  • Chadha & Chadha, Law Firm

OTT PLATFORMS SIGN SELF-REGULATION CODE



Fifteen online streaming players including ‘Netflix’, ‘Zee5’, ‘Amazon Prime Video’, Viacom 18, Jio Cinema, Disney Hotstar, Eros Now, Arre, Hungama, Alt Balaji, Shemaroo, HoiChoi, Flickstree and Discovery Plus have signed the Universal Self-Regulation Code (‘Code’) on September 04, 2020. Access the Code here.

The Code signed by the Online Curated Content Providers (‘OCCP’) aims to empower the consumers with information and tools to assist them in making informed choices with regard to viewing decisions for them and their families, while at the same time, nurturing creativity and providing creators the freedom to tell the finest stories. By aiming to do what is best for both consumers and creators as guiding principles, the Code intends for India to be one of the most dynamic and fastest growing entertainment industries in the world. The Code is effective from August 15, 2020.

The Code emphasises on what constitutes as ‘Prohibited Content’ and should be avoided by OCCPs. This includes –

- Content which promotes and encourages disrespect to the sovereignty and integrity of India;

- Content which represents a child engaged in real or simulated sexual activities or any representation of the sexual parts of a child for primarily sexual purposes;

- Content which promotes and encourages terrorism and other forms of violence against the State or its institutions;

- Content that has been banned for exhibition or distribution by online video service under applicable laws or by any court of competent jurisdiction.

The Code delves into four major targets of streaming services which are to provide content descriptions, age ratings, and parental controls and a consumer complaints department.

Content Descriptions

It has been enunciated that the content providers shall provide content descriptor or a guidance message specific to each content/program that indicates and informs the viewer about the nature of the content and advise on viewer discretion where applicable. Such descriptor would be displayed at the title page of the respective content or at the beginning of any program which will enable the viewer to make an informed decision prior to the viewing of the content.

Age Ratings

All signatories agree to individually categorize the content available on their services and classify the same based on the nature and type of the content. Some of the general categories are - General/Universal viewing, Content requiring Parental Guidance, content solely meant for age-appropriate audiences and that meant for mature audiences/adults. It may also be categorized on the subject matter treatment of themes such as Crime & Violence, Sex, Obscenity & Nudity, Horror & Occult, Drugs and Language.

Parental Controls

Each provider may institute relevant technological tools and measures to ensure access to content and/or enable parental control. The signatories agree to lead the implementation of internal standards and practices/norms based on the present Code.

Consumer Complaints Department

The Code allows each content provider to set up a Consumer Complaints Department, and/or an internal committee, as well as an advisory panel to hear and manage the complaints, appeals and escalations. This advisory panel will comprise a minimum of 3 members mainly an independent external advisor and two senior executives of the content provider. Additionally, an external advisor will also be for the grievance redressal mechanism within 60 days from September 4.

Conclusion

There have been many accusations over the uncensored content that is available on OTT platforms, and this Code comes as an answer to the same by the Players themselves. However, these guidelines will act as a middle ground, ensuring that the content shared online matches certain agreed upon standards, and creators get their creative freedom without worrying about getting hit by stringent censorship.

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