Himachal HC questions unregulated OTT content, Seeks censorship guidelines

Shimla, Apr 29,

Questioning unchecked release of various OTT and Online platform  in India, Himachal Pradesh High Court has raised concerns over the unregulated content on Over-The-Top (OTT) platforms, stating that such platforms must undergo scrutiny by the Indian Censor Board before releasing content in India.

The observation came during a hearing where the court and the state government highlighted the growing influence of OTT platforms and the lack of oversight, unlike traditional media like films and television.

The court issued notices to Ribalta Media Technology Pvt Ltd, Right Image International, and other respondents, seeking their response on the absence of pre-certification and censorship rules for OTT content. Justice Ajay Mohan Goyal directed the respondents to file their replies by the next hearing on June 26. The petition argued that unchecked content on OTT platforms is spreading misleading messages and disrespecting national icons, violating constitutional and legal provisions.

The case specifically mentions a film, which has been available on an OTT platform for two years without censorship. The petitioner alleged that such content insults freedom fighters and national heroes, violating Section 499 of the IPC, the Prevention of Insults to National Honor Act (1971), and constitutional duties under Article 51A. The plea urged the court to direct the Centre to frame guidelines preventing the disrespect of national figures on digital platforms.

Currently, the IT Rules 2021 do not mandate pre-certification for OTT content, as clarified by the Union Ministry of Information and Broadcasting in a 2023 affidavit. However, the ministry is reportedly working on new regulations to address concerns over objectionable content.

The court’s intervention highlights the need for balancing creative freedom with responsible content dissemination, ensuring OTT platforms adhere to national and ethical standards, much like traditional media.

The outcome of this case could reshape India’s digital entertainment landscape, bringing OTT platforms under stricter regulatory oversight.