The government’s recent advisory to social media and streaming platforms to strictly monitor and remove all content deemed obscene or vulgar, following a massive outrage over distasteful jokes on YouTube show India’s Got Latent featuring podcaster Ranveer Allahbadia and comic Samay Raina, has sparked concerns about sweeping content regulations that could follow, potentially curbing freedom of expression.
Some entertainment industry executives feel the government’s advisory could be a precursor to a revival of the Broadcasting Services (Regulation) Bill, whose scope extended beyond OTT content and digital news to include individual social media accounts and online video creators, and imposed criminal liability for violations. Others say it could take some other form of regulation. Content creators and producers are battling new worries of online content losing its distinct edge, with freedom of expression being curbed as a whole, as far as entertainment programming goes.
Concerns over future regulation
“There is a definite fear and worry. While traditional broadcasters and streaming platforms had long wanted user-generated content to be reined in given that it was competing for user eyeballs, this could lead to a crisis for everyone who could in time be forced to create only ‘All India Radio’ kind of content,” said a senior executive at a media and entertainment company, declining to be named.
This person added that theatrical films had already suffered due to the Central Board of Film Certification that anyway doesn’t protect movies or makers from public angst, trolling and controversies.
Another content studio executive said that the India’s Got Latent controversy and the subsequent advisory have sparked a larger debate on whether the government would eventually junk the self-regulatory mechanism in place for OTT platforms. “The advisory doesn’t provide much comfort. The question is whether we are looking at larger OTT regulation or a licensing mechanism of sorts? None of this seems soft touch at all,” the executive added.
The Indian government’s latest advisory directing OTT platforms and social media to curb obscene content signals a clear shift towards stricter digital content regulation, said Gaurav Sahay, practice head – technology and general corporate, Fox Mandal & Associates LLP, a law firm. “This move, coupled with the controversy surrounding India’s Got Latent and broader concerns over explicit content online, could pave the way for increased scrutiny of digital platforms. It also raises the possibility of reviving the long-pending Broadcasting Services (Regulation) Bill, which aims to bring all forms of media—including television, radio, OTT, and digital news—under a unified regulatory framework,” Sahay pointed out.
Subjective regulatory enforcement could lead to certain content being flagged based on political or cultural biases, rather than objective standards, Sahay said. It poses significant challenges for creative freedom and industry growth.
One of the primary challenges would be self-censorship, where creators, fearing legal repercussions or bans, may avoid tackling bold, unconventional, or politically and socially sensitive subjects. OTT platforms, which have thrived on offering diverse, unrestricted narratives, will be forced to sanitize content to meet regulatory standards, leading to a decline in nuanced storytelling. Stand-up comedians, who often push societal boundaries with satire and political commentary, could face legal action, he added.
Legal perspectives
Following a backlash from stakeholders, the ministry of information and broadcasting withdrew the Broadcasting Services (Regulation) Bill, 2023, last year, said Kalindhi Bhatia, partner at law firm BTG Advaya. While content creators have always had to follow certain regulations depending on the subject matter, this Bill could bring even more scrutiny. That means stand-up comics, filmmakers and influencers might have to be extra cautious about what they put out.
Anupam Shukla, partner, Pioneer Legal, agreed that the government has long wanted to better regulate the digital content space. They have implemented the intermediary rules in 2021 but a more comprehensive broadcast law is possible. However, any legislation that seeks to curb the fundamental freedom of the citizens is likely to see a strong pushback and criticism from all stakeholders.
“The controversy has led to demands for regulation of OTT and online content and it is expected that the government will come out with some stringent regulations or code for influencers. However, the government should ensure that such regulations do not hinder freedom of speech or try to regulate creative expression of individuals since, in the past, courts have taken a liberal stance in such cases,” Siddharth Mahajan, partner at Athena Legal, said.
