law notes

1. PROPOSED RESEARCH PROPOSAL ON
CENSORSHIP ON OTT PLATFORM AND FREEDOM OF SPEECH AND
EXPRESSION IN INDIA : A STUDY
UNDER THE SUPERVISION OF
Prof. (Dr.) REENA BISHNOI
SUBMITTED BY
MS.KAUSARJAHAN
(RESEARCH SCHOLAR)

3. CONTENTS
• Introduction
• Statement of the Problem
• Review of Literature
• Research Gap
• Objectives of the Study
• Hypothesis
• Significance of the Study
• Research Methodology
• Scope and Limitations
• Tentative Chapterization
• Bibliography

4. CENSORSHIP ON OTT PLATFORM AND
FREEDOM OF SPEECH AND
EXPRESSION IN INDIA: A STUDY
INTRODUCTION
Censorship is saying 'I'm the one who
says the last sentence. Whatever you say,
the conclusion is mine.' But the internet is
like a tree that is growing. The people will
always have the last word - even if
someone has a very weak, quiet voice.
Such power will collapse because of a
whisper.
-Ai Weiwei

5. Cont..
• The global entertainment industry has been
witnessing constant change over the past few decades
owing to the era of digitalization. There is a societal
transformation that has been triggered by the change
in technology and this concept of ‘Technological
Determinism’ has been described by Thorstein Veblen.
• As a result, technology has become an inevitable part
our daily routine. The world has moved from films as
the sole medium of dissemination of moving pictures
to television and now to the Internet.
• The past five years have witnessed a boom in the
industry with the entry of new technologies. This has
resulted in enormous disruption of the traditional
content delivery models of newspapers (first), and now
broadcasters are being disrupted by digital content
providers.

6. STATEMENT OF PROBLEM
• Does the legal framework in India, pertaining to
digital media, sufficient to regulate video content
streaming on OTT platforms or not, and further
more understanding how is OTT content regulated
worldwide.

7. REVIEW OF LITERATURE
• The concept of ‘content regulation’ has constantly evolved
due to rapid modernization and advancement in
technology along with changes in the economy, politics,
culture, and institutions. A modern society includes
technical means of communication for reaching a mass
audience, and censorship is a practice of prescribing
regulations or determining the content based on political,
economic, religious, and cultural circumstances that
should or should not be disseminated. Modification of
content is also permitted under censorship so that its
effect can be limited or ensure the content is according to
the prescribed guidelines. Content regulation was
developed to protect the masses from harm in the interest
of public welfare. In the words of Pranesh Prakash, “The
meaning of censorship solely depends upon the context. It
relies on three factors which include – the reasons for
censorship, the medium or parties subjected to it, and the
means used for enforcing it”.

8. Cont..
• As Lessig in his book ‘Code and Other Laws of Cyberspace’ claims,
“technology as a form of architecture introduces a new method, in
which the physical medium can be regulated through an emphasis
on both context and its surrounding environment. This regulatory
framework should consist of laws, norms and prices. The role of
technology as an ‘architecture of regulation’ is becoming
increasingly important, within the cyberspace”14. While technology
plays a momentous role in forming regulations, this cannot be
considered the sole factor, as different technologies are viewed and
responded to differently in other societies. Therefore, in the views
of Whitley, “to understand the policy habitat of regulation, both
technological and sociological factors need to be understood”. To
understand the framework for the future of regulation of content, it
is essential to consider the role of technology in determining the
relationship between the regulatory regime and society.
• ➢ Bhowmik realizes that “within the Indian context, the films have
been a powerful communication medium. Since the introduction of
films in India, it has grown in its reach and its impact. During the
advent of cinema in India, the policy of content regulation was
largely based on the aim of the British to control the spread of
nationalist fever, to curb the spread of socialist ideas”16. Such
intentions of a censorship policy are garbed under the concepts of
public interest and morality

9. Cont..
• According to a report by MICA's Center for Media and Entertainment
Studies (CMES), India would see a massive increase in OTT users by 2023.
In a short period, many online streaming services and social networking
applications have established themselves in India. One of the technical
revolutions that have occurred in India is the rising subscription rate of
OTT platforms. The number of over-the-top (OTT) players has risen from
nine in 2012 to 32 in 2018. The OTT industry in India grew by 160 percent
in 2017, with the top 16 OTT platforms seeing their user bases increase
from 63 million to 164 million.
• ➢ August 2016 and August 2017, respectively. (Rajat kathuria, 2019). The
OTT industry, according to (Purdy 2018), is a complicated field dominated
by three big players: Netflix, Amazon Prime, and Hulu – the Big 3.OTT
services are available on infrastructures such as smartphones, smart TVs,
laptops, and even gaming consoles.
• ➢ (Meghan McAdams 2019) “What is OTT- Understanding the Modern Media
Streaming Landscape”. According to the findings, OTT apps undoubtedly
represent India's future. The most important finding of her research was
that 50 percent of OTT customers are feeling "subscription fatigue" as a
result of connecting with so many different services on several platforms.
OTT symbolizes the future of media, as well as the best form of
entertainment in the current environment, with individuals gaining access
to OTT apps through means other than subscriptions. People also like to
watch regional shows, but when it comes to teenagers, foreign shows are
preferred above regional shows.

10. Cont..
• By 2023, India will have 907 million internet users (64
percent of the population), up from 398 million (29 percent
of the population in 2018), according to the Cisco estimate
(Cisco, 2018). The number of smartphone users is another
important aspect that varies proportionally with OTT
subscribers. According to a joint study conducted by
ASSOCHAM and PwC, the number of smartphone users in
India is predicted to reach 859 million by 2022.
(ASSOCHAM India, 2019). These estimates are profitable,
and as a result, web service providers are enticed to invest
in the country.
• ➢ Viewers' preferences have shifted from local to glocal
programming as a result of globalization. This may be seen
in the popularity of dramas from some countries in
countries with very different cultures (Lu et .al, 2019)
Content reigns supreme, and creativity has no boundaries.
The prominence of the Indian film industry in the
worldwide market attests to this. Online video streaming
companies have succeededin bridging these cultural
divides, allowing them to establish a foothold in customers'
minds (Dastidar and Elliott, 2020).

11. RESEARCH GAPS
• The Constitution guarantees the right to freedom of speech
and expression under Article 19 but at the same time
imposes reasonable restrictions on this right in the form of
Article 19(2). Public decency and morality are some of the
grounds on which free speech can be restricted. Content
provided by the OTT platforms has often been accused of
violating these restrictions. The major problem with the
OTT's lack of regulation is that in the face of any
controversy, the OTT platforms end up getting engulfed in
litigation. Unlike movies which are regulated and certified
by a statutory body, that is, the Central Board of Film
Certification, the OTT platforms cannot plead the defines
that they had obtained a government-approved certification
before uploading their content. Therefore, OTT doesn’t give
any grade like U (for unrestricted public exhibition), A
(Adults only can see), U/A (requiring parental guidance for
children under age 12), S (Exhibition to s restricted
audience).

12. RESEARCH OBJECTIVES
• To understand the types and categorization of OTT
platforms based on various factors.
• To analyze how censorship plays an important role in
governing OTT content.
• To understand the legislations/organizations governing
conventional media and the internet in India.
• To examine the legislation that regulates OTT content
Nationally& Globally.
• To understand the Judicial Approach in OTT content in
India.
• To understand how OTT contents are affecting the
society.
• To give the suggestions .

13. RESEARCH METHODOLOGY
• This research is based on Doctrinal and non-
doctrinal studies. So far, there are only a few
studies in this particular field so we will take
the help of documents and media reports. For
data collection, we will use self-made
questionnaires and distribute it. Online surveys
through Google Forms were conducted to
analyse each response and the opinions they
will have on this particular topic.
• The sampling method applied for this research
is the Random sampling method. For the study,
both primary and secondary data will be used.
For primary, data we will collect with the help
of online questionnaires and secondary data
will collect through journals, articles and
websites.

14. HYPOTHESIS
1. According to the Constitution of India and Media
laws, media and press enjoy the freedom of speech
and expression but along with certain reasonable
restrictions and thus transmitting information to the
general public.
2. These OTT platforms by media have been violating
certain rights of the public along with failing in their
own objectives.
3. Content regulation is important in a country of
diverse languages, religions, and a large population,
to balance the interests of all groups of people.
4. In addition to self-regulation, there is a need for an
independent statutory body with the authority to
take appropriate action when there is
noncompliance due to the dominance of OTTs in the
market otherwise causing the failure of the main
ideology of media laws.

15. SIGNIFICANCE OF THE
STUDY
• Censorship refers to the examination of
books, films, television live streaming apps
and other communication media in order to
cut and remove parts that are thought to
be offensive, controversial or
objectionable. Censorship on OTT
platforms has been a controversial issue
from quite some time. This study will help
us know what the public thinks about
Censorship and will help us understand the
various aspects related to OTT Censorship.

16. SCOPE & LIMITATION
The scope of the study area includes the study of
censorship of OTT platforms with freedom of speech
& expression in India. This study pertains to
constitutional and statutory provisions relating to
OTT censorship in India. The study attempts to
analyse the judicial attitude towards abusive and
sexual content in OTT platforms in India. The study
further attempts to highlight the measures at the
international level to combat on sexual & indecent
content in OTT platforms. The study further attempts
to suggest certain measures which could be adopted
to achieve an all-inclusive society.
The study’s scope is limited to India & comparative
study with the USA, Canada, Australia, UK. The
period of the research is a time bond during which
the data and other materials for the research will be
gathered.

17. TENTATIVE
CHAPTERIZATION
• The Present Study is Bifurcated into Seven Chapters They
Are:
1. INTRODUCTION
2. AN OVERVIEW ON CENSORSHIP OF OTT PLATFORM
3. LEGISLATIONS GOVERNING DIGITAL CONTENT & OTT
CONTENT IN INDIA
4. REGULATORY ISSUES IN OTT PLATFORM
5. JUDICIAL PRONONCEMENT OR JUDICIAL INTERVENTION IN
OTT CONTENT
6. A COMPARATIVE STUDY OF REGULATION OF OTT CONTENT
7. CONCLUSION & SUGGESTIONS

18. BIBLIOGRAPHY
• STATUTESREFERRED
– Information TechnologyAct,2000
– Information Technology(Intermediary Guidelines And Digital Media Ethics
Code) Rules, 2021 (Rules)
– The Cinematograph Act,1952
– The Cinematograph (Certification) Rules,1983
– Draft Cinematograph Bill,2010
– Cinematograph Amendment Act, 2021
– Cable Television Networks (Regulation) Act, 1995
– The Cable Television Network Rules,1994.
– Indecent Representation Of Women (Prohibition)Act,1986
• REPORTS REFERRED
– Telecom Regulatory Of India,' Consultation Paper On Regulatory Framework
for Over-The-Top (OTT) Services' (2020).
– Mudgal Committee Report, 2013
– Shyam Benegal Committee Report,2016
– StandingCommitteeReport,2019

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26. THANK YOU