Supreme Court dismisses PIL for regulatory board over OTT platforms

The Supreme Court of India has dismissed a PIL seeking a regulatory board for OTT platforms, citing concerns about potential violations of fundamental rights and the portrayal of historical events in media.

The Supreme Court of India has dismissed a public interest litigation (PIL) that sought the establishment of a regulatory board to oversee over-the-top (OTT) and streaming platforms. The petition argued that these platforms operate without the necessary checks and balances imposed on traditional media such as films and television.

The PIL filed in September referenced the Netflix series IC 814: The Kandahar Hijack to emphasise the need for regulation, claiming that the series misrepresents historical events and downplays the violence inflicted by the hijackers. The petitioners, lawyers Shashank Shekhar Jha and Apurva Arhatia, expressed concern that the series trivializes the tragedy and promotes a narrative that could undermine the severity of terrorism while vilifying the Hindu community.

The petition called for the Supreme Court to direct the central government to create an independent body named the "Central Board for Regulation and Monitoring of Online Video Contents" to oversee and filter content on various streaming platforms available in India. It also listed the Ministries of Information and Broadcasting, Health and Family Welfare, Women and Child Development, Defense, and the Telecom Regulatory Authority of India as parties to the case.

The petitioners pointed out possible violations of fundamental rights, such as the right to equality, freedom of expression, and the right to life, as outlined in Articles 14, 19, and 21 of the Constitution. They proposed that the regulatory board be led by a secretary-level IAS officer and include members from various fields, such as film, media, law, and academia.

Despite the concerns raised, the Supreme Court has decided not to pursue the matter, leaving the status of regulatory oversight for OTT platforms unchanged for the time being.