OTT platform content regulation: Exploring self-regulatory guidelines and grievance redressal mechanism

On OTT (over-the-top) platforms, some users may come across content that is deemed objectionable or even vulgar. However, since OTT operates as a pull platform, users always have the power to make informed decisions about whether to watch or skip such content.

In addition, the OTT platforms are subjected to a self-regulatory guideline released by the Ministry of Information & Broadcasting under the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021.

The Ethics Guideline is a three tier grievance redressal mechanism and here’s how they function and everything you need to know-

• Level one: At the OTT platform level (driven by the internal Standard & Practices Team) which subjects each piece of content before it is released on the platform by taking into account the Ethics Guidelines.

This includes the platform concerned has to prominently publish on its website, mobile based application or both, as the case may be, the name of the Grievance Officer and his contact details with whom a complaint can be lodged. The Grievance Officer is required to acknowledge any complaint within twenty-four hours and take appropriate action within fifteen days from the date of its receipt.

• Level two: Independent self-regulatory bodies (operate separately under the Indian Broadcasting & Digital Foundation and the Internet and Mobile Association of India) further ensures fair and unbiased handling of grievances.

These bodies consist of industry experts and are headed by a retired Supreme Court or High Court judge or other eminent personalities relevant to the field. There is a mandate for these self-regulatory bodies to be registered with the Ministry of Information and Broadcasting (MIB).

The self-regulatory body for OTTs at level two has powers to direct the platform to reclassify ratings of relevant content, make appropriate modification in the content descriptor, age classification and access control measures.

• Level three: The Inter-Departmental Committee (IDC) under the Ministry of Information and Broadcasting (MIB) which handles the complaint(s) referred it to by a viewer who failed to get his/her complaint satisfactorily addressed at Level 1 and 2. It is chaired be a Joint Secretary level officer at MIB. The IDC’s decision is then referred to the Secretary, MIB to issue directions to the OTT platforms or block access to certain content under the emergency powers.