Supreme Court has dismissed a Public Interest Litigation (PIL) that demanded the establishment of an autonomous body to regulate content on over-the-top (OTT) platforms. The apex court has stated that such matters fall under the purview of the executive branch and require extensive consultation with various stakeholders.
A bench headed by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, emphasised that regulating OTT content involves complex policy decisions which is best left to the government. The court's decision underscores the judiciary's reluctance to intervene in matters that require legislative and executive action.
This ruling effectively leaves the responsibility of regulating OTT content in the hands of the government, which is currently exploring various options for a balanced approach that addresses concerns without stifling creativity and freedom of expression.
What Supreme Court judges said about PIL
"This is the problem of PILs. They are all on policy (matters) now and we miss out on genuine PILs,” CJI Chandrachud said.
After the Supreme Court dismissed a PIL seeking the regulation of OTT content, the lawyer who filed the petition, Shashank Shekhar Jha , decided to withdraw the case and take his concerns directly to the relevant government ministry.
However, the CJI responded, "No. Dismissed."
What the PIL alleged against OTT platforms
The PIL pointed to the Netflix series "IC 814: The Kandahar Hijack" as an example, claiming the platform presented it as based on real events, raising questions about accuracy and potential misrepresentation.
The petition argued that while films shown in theatres are regulated by the Central Board of Film Certification (CBFC), no similar body exists for OTT content, leaving it solely reliant on self-regulation. This lack of oversight may lead to the abuse of freedom of expression, as guaranteed by Article 19 of the Indian Constitution, the petition claimed.
With over 40 OTT platforms operating in India, the PIL emphasised the need for a regulatory mechanism to ensure responsible content creation and prevent the potential misuse of the medium.
A bench headed by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, emphasised that regulating OTT content involves complex policy decisions which is best left to the government. The court's decision underscores the judiciary's reluctance to intervene in matters that require legislative and executive action.
This ruling effectively leaves the responsibility of regulating OTT content in the hands of the government, which is currently exploring various options for a balanced approach that addresses concerns without stifling creativity and freedom of expression.
What Supreme Court judges said about PIL
"This is the problem of PILs. They are all on policy (matters) now and we miss out on genuine PILs,” CJI Chandrachud said.
After the Supreme Court dismissed a PIL seeking the regulation of OTT content, the lawyer who filed the petition, Shashank Shekhar Jha , decided to withdraw the case and take his concerns directly to the relevant government ministry.
However, the CJI responded, "No. Dismissed."
What the PIL alleged against OTT platforms
The PIL pointed to the Netflix series "IC 814: The Kandahar Hijack" as an example, claiming the platform presented it as based on real events, raising questions about accuracy and potential misrepresentation.
The petition argued that while films shown in theatres are regulated by the Central Board of Film Certification (CBFC), no similar body exists for OTT content, leaving it solely reliant on self-regulation. This lack of oversight may lead to the abuse of freedom of expression, as guaranteed by Article 19 of the Indian Constitution, the petition claimed.
With over 40 OTT platforms operating in India, the PIL emphasised the need for a regulatory mechanism to ensure responsible content creation and prevent the potential misuse of the medium.
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