New Delhi The Supreme Court on Tuesday restrained high courts from hearing petitions to regulate content of releases on over-the-top platforms such as Amazon Prime, Netflix, Hotstar and Zee5, saying it will hear the pleas pending before it on the issue in the second week of April.
OTT platforms such as Amazon Prime have come under fire for airing content that some claimed “hurt religious sentiments”.
On Tuesday, a three-judge bench headed by justice DY Chandrachud stayed proceedings in separate petitions pending in this regard before the Punjab and Haryana high court, Madhya Pradesh high court and Allahabad high court. The bench, also comprising justices MR Shah and Sanjiv Khanna, pointed out that about 20 petitions are pending in other high courts. The apex court applied the stay order to all such high courts where similar issues are pending.
The order was passed on a petition moved by the Centre, seeking transfer of all petitions to regulate OTTs from various high courts to the Supreme Court. Last month, the apex court issued notice on this petition moved jointly by the ministries of information and broadcasting, electronics and information technology, and law and justice.
Solicitor general Tushar Mehta, appearing for the Centre, pointed out that despite a notice on the transfer petition, the Punjab and Haryana high court was continuing to hear a petition on the matter. He requested the court to stay the proceedings before the high courts.
{{/usCountry}}Solicitor general Tushar Mehta, appearing for the Centre, pointed out that despite a notice on the transfer petition, the Punjab and Haryana high court was continuing to hear a petition on the matter. He requested the court to stay the proceedings before the high courts.
{{/usCountry}}Along with Centre’s plea, the bench took up two PILs filed separately by NGO Justice for Rights Foundation and advocate Shashank Shekhar Jha. The petitions demanded an autonomous body on the lines of the censor board to screen and regulate content shown on OTT platforms.
In response to one of the petitions, the Centre submitted an affidavit, indicating the legal position governing OTT platforms. “There is a mechanism for regulation of the OTT Platforms under the provisions of the Information Technology Act, 2000 and the newly framed Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 notified on February 25, 2021.”
The Centre informed the court that it received complaints of members of civil society, parliamentarians and chief ministers on the content streamed by OTT platforms and the need to regulate them. IT Rules 2021 provide for an oversight mechanism and a self-regulatory body, the affidavit filed by the information technology ministry said. With the mechanism already put in place, the Centre demanded the dismissal of the petitions which were filed prior to the 2021 rules.
The Centre recently notified the rules that mention the setting up of a three-tier self-regulatory framework for OTT platforms.
The 2021 rules are also under scrutiny in a separate case before the Supreme Court. Early this month, the Supreme Court termed the IT Rules 2021 on OTT Platforms to “lack teeth” as they contained no penal provision. The matter is pending consideration as the Centre expressed its willingness to revise the rules.