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Are the new OTT guidelines restricting creative freedom?

Three experts reveal how the OTT guidelines have altered the face of digital content in India.

Last Updated: 12.00 AM, Apr 19, 2021

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It’s been almost two months since the Centre issued guidelines to regulate content over OTT platforms in a bid to hold video streaming platforms accountable for their streaming content. While there is more clarity about the scope of censorship that OTT platforms must ensure in keeping with the three-tier redressal mechanism mandated by the Ministry of Information and Broadcasting, one question still remains - do these guidelines interfere with creative freedom or limit the scope of OTT content?

According to Varun Duggirala, co-founder and content chief, The Glitch, the guidelines were not entirely unexpected. When asked by Financial Express, if OTT content has been forced into censorship, Duggirala stated that the guidelines were already in place for television and that it was only a matter of time before OTT platforms fell under the same radar.

“Is it going to be as easy to execute? Not necessarily. Because, while it’s easier to regulate streaming platforms that have control over their content, the internet also allows any individual creator to publish content,” said Duggirala.

On the kind of content that is now being produced on OTT platforms due to the guidelines, Duggirala speculated that the OTT market will steer away from overly-sensitive content. While open-content ecosystems beyond OTT platforms will prove to be a space for all kinds of content, creators who wish to monetise their work must stick to the guidelines, he said.

Meanwhile, Shailesh Kapoor, founder  and CEO of Ormax Media, supports the guidelines, saying they promote self-censorship. “Mandating that platforms display age restrictions for shows and films is sane advice, and something that is followed by responsible platforms globally. OTT consumption in India is largely personal in nature, predominantly smartphone-driven. But to widen the audience base, platforms will have to look at genres that are more accessible, such as comedies and family shows,” said Kapoor.

Discussing the future of OTT growth, Kapoor foresees a rise in viewership from regional audiences, small towns and those who are older than 35 years. “The largely metro-centric approach of several OTT platforms will have to evolve. Hence, while there will be a broad-basing of OTT content, its primary trigger will not be the OTT guidelines, but the business need,” he surmised.

Saif Ali Khan's Tandav was accused of hurting religious sentiments.
Saif Ali Khan's Tandav was accused of hurting religious sentiments.

Addressing the controversy surrounding Amazon Prime Video’s Tandav, Kapoor observed that most OTT platforms are firm on leaning away from content that is politically and socially-sensitive in nature. No international or national streaming service wants to face a legal battle that makes them lose audience, he explained.

Envisioning strict self-moderation in OTT platforms as the only way forward, Sunil Doshi, director, Manzar Studios, stated that OTT platforms must evolve in order to survive. Though Amazon Prime Video and Netflix have ventured into darker themes, it is feasible for OTT platforms to align themselves with the government-mandated regulations in order to thrive.

“The row over Tandav has instilled some amount of fear among the community. The priority of these platforms is to continue to do business, and no one wants to upset the apple cart. Further, the abolition of the Film Certification Appellate Tribunal indicates that there is a restrictive environment that is taking shape. Stringent self-moderation is going to be the way forward,” he said.

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