Assignment Task
ABSTRACT
In a time when the country was facing a pandemic,the people could only rely on Over the Top platforms which brought us all together.Adversity is the mother of invention and so the seeds of digital growth were sown much earlier,bearing the fruit of increase flow of plethora of content which could be easily streamed owing to greater smartphone penetration and growth of broadband services.New trends in webspace led to change of culture from community to customized content being watched on 5 inch smartphone screens.This led to change in the nature of the content too .The free flow of content without restrictions and wider access to people now included foul language,graphic violence,nudity and many other things that were earlier restricted due to the certifications of the Central Board of Film Certification.This paper aims to study the impact of unfiltered OTT content on viewers and will try to decipher if new age India needs content regulation.Through this research,I have tried to determine the relationship between explicit content and censorship to find a solution through primary and secondary findings.I will be enlisting my evaluation and analysis for purpose of further study on topics related to this.
Keywords : OTT Platform, Content Regulation, Free Speech, Legitimate expectations, Internet Security,censorship,
INTRODUCTIONEssay The News Article by Bongekile Macupe (2017) – Media Assignment Help
While speaking of legal safeguards for content regulation around the world,India has been seen as a fairly conservative and now an authoritarian market for all kinds of content.It is no surprise that there is a growing debate on demand of self regulation or need of autonomous bodies by the government to censor content that falls under the contemptuous and explicit category vs freedom of speech given in Article 19(1) and reasonable restrictions (2) of the Indian Constitution and need of creative freedom while creating cinema and web series besides other content available on digital streaming service platforms like Amazon Prime,Netflix,Alt Balaji,Zee5 and Disney + Hotstar etc.Indians are emotional and sensitive ,making it easy to influence them through media,this is one of the reasons why Indian government wanted to curb unlimited freedom of choice to consume film and other digital content assets (Agrawal & Shankar, 2020, 16).There has also been a paradigm shift in the way people are viewing movies,television shows ,events in post pandemic India.According to Omnicom Mediagroup’s study on COVID-19 Impact on media consumption of Indians,citizens are spending an average of 95 minutes of their daily schedule on streaming digital over the top content.Moreover ,the growth is seen in Tier 1 cities with females and the youth being the primary viewers of these services (Adgully, 2020). With the technology advancing at a rapid rate in India and what is the current status and the new change in regulation with the rise of Over The Top (OTT) platforms.
History of Censorship in India
1952 The Cinematograph Act
Post two years of India’s independence,the government of India passed what was known as the Cinematograph act.The act,that was first introduced in the Parliament of United Kingdom was the primary regulation ,first of its kind used for regulating the film industry.It ensured that film fulfils the objectives prescribed by law.The act states out a provision for the establishment of Central Board of Film Certification commonly known as the CBFC.It is a regulatory body in India which issues the certifications for makers of films for public execution.Post the first screening for examination ,the board can –
Sanction the film for unrestricted exhibition
Sanction the film for public exhibition limited to adults;
Direct such modifications and excisions in the film before sanctioning the film to any of the above;
Refuse to sanction the film for exhibition completely.
(The Cinematograph Act of India, 2019)
Evolution of censorship in post partition India grew rapidly as the new India was a witness of heavy censorship period .Films like 1975 (Aandhi) which drew flak owing to its portrayal of Indira Gandhi’s life and shows like Amrit Nahta’s Kissaa Kursee Ka ,a political satire got banned .This was followed by scrapping and destruction of all prints on orders of the minister for Information and Broadcasting Vidya Charan Shukla.
One of the independent journalists working as freelancer at the time Devang Pathak stated that (Sajiv, 2021), “years of suppression and banning has now created a culture where not just politicians but also socio-cultural influencers feel entitled to voice their opposition and derail creative expression.”
So why was censorship really needed ,what were the conditions that justified the demand for it? To quote from an article written by famous actor Amol Palekar for The Wire, “In 1970, in the matter of K. A. Abbas vs Union Of India, a five-judge bench of the Supreme Court ruled that cinematographic films in theatres were the most influential media of mass communication affecting the social mind and, therefore, the exercise of censorship under the Cinematograph Act was valid and necessary.”
1978 Press Council of India Act
An act that was made to establish a council for the purpose of preserving the freedom of press and also to maintain and improve standards of newspapers and news agencies in India. Members of the legislative assemblies, Heads of Editorial Departments and journalists constitute this council.
Infact, after the commercialization of media houses with ownership shifting to corporations who had their personal profit and interests,created an unfavourable environment for authenticity, credibility and ethics leaving room for growing sensationalism in the name of news and also paid news in favor of political parties and their ideologies. A study conducted by the Press Council of India Committee spearheaded by big names like Paranjoy Guha Thaukrta and K. Srinivas Reddy submitted the repercussions of growing corruption in media houses which imposed several problems in real journalism.Subsequently what followed was a report titled “Paid News : How Corruption in the Indian Media undermines Indian democracy”,which listed names of the most prominent names of media houses including leading dailies being involved in paid news.
Content Regulation of OTT platforms – The Beginning
The rise in popularity of these platforms due to vast library of content in form of events,news,entertainment shows and serials alongwith pan India appeal and plethora of regional and traditional films helped it become popular amongst the millennials and even the mid aged group.The internet connectivity and evolution of digital boom post pandemic helped in mushrooming this wide arena of creativity and innovation in OTT content.This began the acceptance of OTT at a rapid pace amongst Indians as now people coil enjoy watching entertainment through their TV screens, mobile screens and other gadgets ,making it easily accessible to all.With growing popularity grew concerns on its influence and impact on the minds of the viewers.The handheld viewing experience evolved with changing dynamics of the category.
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