'OTT norms will lead to a rise in litigation'

Mumbai: A day after the government notified new guidelines and code of ethics for video streaming platforms, top executives of these companies said the code is similar to what the industry had proposed but the grievance redressal mechanism is a cause of concern.

“Most of the OTT (over-the-top) services should not have any problems with self-classification or putting systems in place,” said a senior executive with an OTT service who requested not to be identified. “The issue is the third level of regulatory mechanism, where an inter-departmental committee will have oversight over the self-regulatory body as well as power to take down content.”

The code and toolkit industry body Internet and Mobile Association of India (IAMAI) and its members had proposed in September last year had the same guidelines for content, the person said. “There is not much to oppose, but a lot to chew on.”

Clauses that have made legal teams of OTT players burn the proverbial midnight oil are the presence of a government oversight committee and the proposed appointment of a designated authorised officer of the information and broadcasting ministry with power to block access to any content.

“While the government had been asking for an independent self-regulatory body, the third-tier was sudden and the industry was caught unaware,” said the top executive of an OTT service. “Already the sector is facing public backlash for content and now we will be subjected to extra scrutiny. This will increase the compliance burden.”

IAMAI will meet on Monday to decide on the next course of action, industry officials said.

A lawyer said that for every request to modify/delete/ edit a piece of content, or an order to apologise or take it down, there will be litigation. “Wait till the oversight committee gets into action and you will see many petitions in the courts,” she said.