Answer: OTT or Over The Top Platforms are services that offer viewers access to movies, TV shows and other media directly through the Internet, bypassing cable or satellite systems. Its examples include Netflix, Disney+, Hulu, Amazon Prime Video etc. 

India’s OTT viewership stands at 43 million people and is projected to rise to 50 million by the end of 2023.

The current mechanism for OTT regulation in India

• Applicability of Laws: The content produced on OTT platforms comes under the jurisdiction of existing laws like the Information Technology(IT) Act 2000, Indian Penal Code 1861 and the Indecent Representation of Women (Prohibition) Act 1986.
• IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021: In 2022, the Central Government notified the IT Rules 2021 to regulate OTT platforms with the following key provisions:
• Ministry of Information and Broadcasting (I&B): is responsible for the regulation of content on OTT and online platforms.
• Indian OTT Regulation Model: India adopts a light-touch 'co-regulation' model for OTT platforms, featuring 'self-regulation' at the industry level and a final ‘oversight mechanism’ at the Ministry level.
• There is a Code of Ethics which prescribes the guidelines to be followed by OTT platforms.
• A three-level grievance redressal mechanism is established with different levels of self-regulation having an Inter-Departmental Committee at the top for oversight mechanism.
• Proposed Regulation: The upcoming Digital India bill aims to extend regulatory oversight to content on digital platforms, marking a broader effort by the government.

Challenges associated with OTT regulation

• Indirect Oversight: The absence of a separate legislation or regulatory body dedicated to OTT platforms results in their indirect governance under the Ministry of Electronics and Information Technology (MeITy).
• Limited Compliance: Due to the vastness of the digital space and the volume of content being generated, there is a high level of non-compliance.
• While regulations require the display of contact details for grievance redressal on OTT platforms, it is rarely visible.
• Revenue Impact:  Telecommunication service providers argue that OTT applications like WhatsApp calls, Facetime etc. reduce their earnings since these apps offer similar services by utilising the infrastructure created by telecom operators without contributing financially.
• Balancing Freedom of Expression: Excessive regulation may curb freedom of artistic expression emphasizing the need for a delicate balance. This acts as a hindrance, especially in creating a cohesive legal framework for digital media.
• Jurisdictional Issues: Effective enforcement of domestic redressal mechanisms against foreign entities remains a concern.

There is a pressing need for effective OTT regulation through a hybrid governance model involving an independent self-regulatory body, an appellate mechanism, and quasi-judicial oversight. Ensuring an impartial OTT regulation body is paramount for balanced content oversight. Simultaneously, strict implementation of legislative proposals like the Draft Indian Telecommunication Bill, 2022, which broadens the scope of telecommunication services to cover OTT communication, is important for comprehensive regulatory coverage.