Several weeks ago, netizens joined in protest against the new Information Technology Rules 2021. This statutory act dictates the establishment of a grievance redressal mechanism on all social media platforms operating in India such as WhatsApp, Facebook, Instagram and Twitter which will monitor inappropriate content and ensure effective response to complaints filed by users; an acknowledgement within 24 hours and resolution within the next 15 days.
The terms of this act also extend to OTT platforms. Following the recent controversies of content being questioned on defamation, obscenity and the argued detrimental impact on religious sentiments, a similar regulation mechanism has been proposed for OTT platforms too. It aims to monitor any content which could potentially disrespect ‘sovereignty and security or integrity of state’. Complaints by users can be filed and will be responded to in a similar fashion to social media platforms. The IT Rules give government the control to determine the level of independence given to OTT platforms as well as decide on the stringency of monitoring content.
The concerned IT Rules provisions have been a subject to public criticism by reason of hindrance to freedom of speech and expression. Not only has their legality been challenged on the grounds of constitutional rights, but the propositions have also been termed ‘contrary to international human rights law’ by the United Nations Special Rapporteur.
But the story to ‘protect the sovereignty, security and integrity of India’ doesn’t stop here.
An amendment to the Cinematograph Act 1952 has been proposed too. The reforms in this statutory act has extended the scope of IT Rules to films. Section 6 of the Act, that had previously been rendered unconstitutional in case jurisprudence, has now been reworded to give the government the power to re-examine films that have already been cleared by the Censor Board.
Films that violate Section 5B(1) of the Act; namely interests of sovereignty, security and integrity of State, along with the intended representation of immoral or indecent content, can be asked for re-evaluation by the government. Owing to the new amendment provisions, the government can act upon complaints made by users without being held accountable. On the contrary, filmmakers won’t be given even an opportunity to justify their stance on the intent behind their representation. Although these overreaching powers can only be exercised when a film comes under the scrutiny of the scope of Section 5B(1), yet the terminology of this provision holds ambiguous meaning, thus making it easier to exercise.
It is likely to infer that this new amendment is capable of being misused for political motives. Constitutional principles of democracy are argued to have been violated too.
Despite the ongoing opinion posts against these controversial reforms, my article wishes to shed light on a different section of the very entertainment industry our government is keen on curtailing. My family, much like other Indian households, has been a regular supporter of the TV industry. From as long as I can remember, we would seek our daily dose of entertainment by watching Hindi TV shows. Star Plus, Zee TV and Sony are a few channels I’ve familiarized my childhood around. And yet, in the fifteen years of serials I remember watching on-screen, it disappoints me to say that the content has barely evolved.
The majority of Hindi daily soaps still revolve around the depiction of an unrealistically naïve woman, who values an outdated set of traditions more than her common sense as she makes it her life’s purpose to please every single member of her husband’s family. The female lead still has no self-respect of her own, always willing to sacrifice herself for the happiness of others. The male lead still has a chauvinistically arrogant personality, that can only be curbed by the female lead and his would-be wife, of course. A similar rigmarole of first-world problems no one can relate to, a bunch of dramatic flashes in every minute of every episode and a storyline that has become so predictable that staring outside the window seems more interesting than watching it.
If the government, under its IT Rules, could set standards for OTT and film platforms, why not for the TV industry?
Although a majority percentage of the newer generations of the population have switched to OTT platforms for better quality and relatable content, the TV industry still manages to keep a dominant position in drawing viewership. It’s ability to reach out to the masses of our population signifies the potential influence it can have on people and their mindsets. When there is a board to censor indecent and/or immoral content for films and the same is being applied to OTT and social media platforms, shouldn’t there be a monitoring mechanism for TV shows as well? Shouldn’t there be appointed a panel that can regulate the kind of regressive norms that are portrayed on-screen? If indecency is detrimental to the society, so is the glorification of regressive practices that have the power to influence our thought process.
If the government wants to control the kind of content we view, why not regulate those that are brainwashing people into pursuing a reality that no longer exists?
Perhaps it’s not OTT platforms that need urgent censoring, but the TV industry that does.
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