Will I&B ministry play moral police for OTT content?

Context: Government has brought digital audio-visual content on over-the-top (OTT) streaming platforms under the ambit of the Ministry of Information and Broadcasting (I&B), sparking fears of censorship.

Need for regulation of OTT content:

• Difference with the traditional media: Traditional media has been of 'push format', while the OTT provides 'pull from the repository' and thus digital media content is not subject to censor certification.
• Rising digital media: In the last eight months, OTT or digital media and entertainment platforms have all but replaced television

Issues with the regulation:

• Fear of censorship: Archaic criminal law provisions on blasphemy and sedition have been used to target content by OTT players and will lead to private censorship by platforms. 
• Absence of legal jurisdiction: While the changes have been brought through administrative rules, there is a risk of the ministry turning into a regulatory authority without any legislation.

Global models of OTT regulation:

• The first model seeks to regulate streaming providers as broadcasting services and is being discussed or implemented in countries such as Australia, Singapore, and Turkey. 
• The second model seeks to create clear censorship and government control over OTT players in countries such as Saudi Arabia and Kenya.
• The third model that we see emerging in countries like the UK is a more cautious approach including self-regulation and content rating system by OTT players or their association

Way Ahead:

• Adapt Recommendations: by Internet and Mobile Association of India (IAMAI) Universal Self-Regulation Code for online curated content providers (OCCP) and Shyam Benegal committee on certification of films.
• Focus on categorization: Ministry's role should be limited to only deciding age/maturity categorization and content descriptions, as sort of statutory warning for audiences.
• Stay away from plating moral police: To come up with a code that stays away from playing the moral police (as aptly addressed by the Bombay High Court in the case of Udta Punjab).