‘Exploiting creative liberty’: PIL in SC says OTT platforms abusing right to expression


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‘Exploiting creative liberty’: PIL in SC says OTT platforms abusing right to expression

The Supreme Court on Thursday sought response from the Centre on a PIL looking for institution of a correct establishment for monitoring and administration of content material on completely different OTT/Streaming and digital media platforms. None of the OTT/Streaming platforms together with Netflix, Amazon Prime, Zee5, and Hotstar have signed the self-regulation offered by the Ministry of Information and Broadcasting since February, it mentioned.

The PIL, filed by advocate Shashank Shekhar Jha, contended “no censoring allows exploitation of creative liberty and pushes for more ideas to get incorporated which, in turn, let writers, directors, and producers to experiment limitless due to which there have been more violence, sex scenes, obscene language & even characters smoking on screen – that would normally be cut or displayed alongside health warnings”.

The petitioner advised the highest courtroom that due to no monitoring physique, the language of the content material has change into “more colloquial”. “Visuals and dialogues are cruel and more barbaric. It is pertinent to note that this artistic liberty with no checks and balances also gets highly misused for commercial benefits of the OTT/Platforms,” it mentioned.

A bench, comprising Chief Justice S.A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian, after a quick listening to in the matter, issued notices to the Centre, the Ministry of Information and Broadcasting and Internet and the Mobile Association of India.

“The OTT platforms in India abuses the right to expression granted in Article 19, thus is against Right to Life of people at large (Article 21),” mentioned the petitioner.

The plea additionally mentioned the Internet and Mobile Association of India pushed by means of the self-regulatory code (Tier Two Version), which might lead to the organising of a Digital Content Complaints Committee (DCCC) for regulating content material on OTT/streaming platforms throughout India, with out a lot deliberation and consensus.

“However, Respondent No 3’s (Internet and Mobile Association of India) flagship India Digital Summit event was attended by only five signatories on the February 5, while various other OTT/Streaming Platforms wrote to Respondent No 3 recording their dissent to the code asking for reconsideration in the code itself,” mentioned the plea.

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