SC says new rules to regulate OTT platforms lack teeth

The Supreme Court on Friday mentioned the government’s new rules to regulate OTT (over-the-top) platforms lacked teeth to punish violators or to display screen offensive content material even because it protected Amazon Prime Video India Commercial head Aparna Purohit from arrest within the ‘Tandav’ internet sequence row.

“We went through your Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules of 2021… these are merely guidelines. There is no provision for punishment or fine… What is the mechanism to control it [content]” Justice Ashok Bhushan, heading a Bench, requested Solicitor General Tushar Mehta.

Ready to submit new draft: SG

Mr. Mehta agreed to think about drafting new rules and even laws to tackle the priority raised by the courtroom about OTT platforms. “We can come out with it… We can come out with a draft and place it before the court,” he said.

The courtroom recorded in its order that the new rules notified days again had been “more in the nature of guidelines” and there was “no effective mechanism for screening or to take appropriate action” in opposition to violators.

The courtroom mentioned the peace of mind given by Mr. Mehta to it that the federal government would think about taking “appropriate steps” for any “further regulations/legislation” as seen as match. The Bench ordered that the rules/laws, as soon as executed, ought to be positioned earlier than the courtroom.

During the listening to, Amazon, represented by senior advocate Mukul Rohatgi, complained about an oral remark made by Justice Bhushan that among the movies featured on OTT platforms had pornographic content material. Mr. Rohatgi mentioned the comment had been picked up by the media and bandied about. “Amazon does not show pornography,” he mentioned.

‘No pornography’

Mr. Mehta intervened to say that Justice Bhushan didn’t imply “pornography” actually, however meant that some content material was “almost pornographic”.

“But Mr. Mehta, I can show you 10,000 movies on Amazon, there is no pornography in any of them. I myself watch these movies in the evenings… these are great movies,” Mr. Rohatgi exclaimed.

Justice Bhushan intervened, saying the courtroom by no means meant that the films proven weren’t nice. “We are not saying great movies are not shown…” he remarked.

Turning to the particular case of Ms. Purohit, Mr. Rohatgi submitted that she was solely an worker and was prepared to cooperate with the investigation. He submitted that two offending scenes in ‘Tandav’ have already been eliminated.

The courtroom issued discover on her plea for bail and directed that the police mustn’t arrest her so long as she cooperates with the investigation into complaints that the online sequence ridicules Puucho gods and the nation’s political energy corridors.

Ms. Purohit had approached the apex courtroom against the Allahabad High Court decision to deny her anticipatory bail.