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OTT regulations: The Supreme Court suspends proceedings in the High Court

The Supreme Court on Tuesday shelved all pending proceedings, which are being heard by high courts across the country to supervise and manage Over-the-top (OTT) platforms such as Netflix, Amazon Prime Video, and Hotstar.

The bench, led by Judge DY Chandrachud, is awaiting further defense proceedings in various high courts and said that it will hear pending petitions on similar issues in the second week of April.

Judge Shah also stated that there are many high courts that are hearing these cases, and the proceedings in all these cases can be shelved.

The Supreme Court is hearing a series of public interest litigation (PIL) filed by advocate Shashank Shekhar Jha, which is appearing in court for the Justice for Rights Foundation, which is supervised by an autonomous body overseeing the OTT platform.

The petition seeks appropriate boards, institutions and associations to monitor and manage content on different OTT, streaming and digital media platforms.

The central government has also filed a petition for transfer, seeking to transfer pending cases to different high courts in order to supervise the OTT platform. The Supreme Court judge issued an announcement on the center’s request earlier and added other petitions to it.

In addition, the Ministry of Information and Broadcasting assured it in an affidavit submitted by the Supreme Court that with the new regulations in place, it will strictly inspect the content on OTT platforms such as Netflix and Amazon Prime.

It pointed out that the new “Information Technology (Guidelines for Intermediaries and Digital Media Ethics) Rules 2021” has been notified to address the issue.

Earlier, the Supreme Court had asked the center to inform the center of the government’s proposal to regulate OTT platforms, and requested the government to submit an affidavit on its planned actions after it stated that it was working on this issue.

A petition filed by advocate Jha stated that there is currently no law or autonomous agency to manage, monitor and manage such digital content, and that it can be made publicly available to the general public without any filtering or screening.

PIL stated that since February 2020, all OTT/streaming platforms including Netflix, Amazon Prime, Zee5 and Hotstar have not signed the self-regulatory regulations provided by the Ministry of News and Broadcasting.

The petitioner said that there are more than 40 such platforms that provide paid, advertising content and free content for about 1.3 billion people in India.

The petition states that their purpose is to protect the right to life under the Constitution by preventing these platforms from abusing their freedom of speech.

The guilty plea requested the establishment of a board of directors led by IAS secretarial officials, with members from various fields including film, film, media, defense, law, and education.

The appeal said: “Since movie theaters are unlikely to open soon in the country, OTT/Streaming and different digital media platforms undoubtedly provide filmmakers and artists with a way out for publishing content without worrying about getting movies and film customs clearance. Certificates. The review committee’s series”.

In another case, the center had earlier told the Supreme Court that it was necessary to regulate digital media and that the court could first appoint a personnel committee as an amicus curiae, and then formulate guidelines for the regulation of hate speech in the media.

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