Today, the Supreme Court of India mentioned screening on over-the-top OTT programs, especially on Netflix and Amazon Prime.
The court expressed displeasure on the streaming content on the web platforms without any prior screening and also pointed out that some films having pornographic elements.
The top court made the observation in the anticipatory bail plea by India head of Amazon Prime Video, Aparna Purohit against Allahabad High Court order, which declined to entertain her anticipatory bail in connection with the FIRs lodged against her over the web series ‘Tandav’.
“There should be some screening (of content on web platforms). There is pornography in some films,” said a bench headed by Justice Ashok Bhushan.
He also added, “Please submit the regulations on OTT platforms. We are of the view that there should be some screening of such programs. At times they are showing pornography too.”
Mukul Rohatgi, a Senior Advocate at the outset of today’s hearing, described the case filed against Purohit as “shocking”, stating that publicity seekers around the country were filing such complaints.
Tushar Mehta, Solicitor General representing the Uttar Pradesh government, said some programs have filthy abuses.
Rohatgi further pointed out that The Allahabad High Court order on rejecting Purohit’s bail plea was not based on the Centre’s newly notified OTT regulations,
“It’s about freedom of speech and expression,” he added.
The Court replied, “It’s about creating balance.”
The Court adjourned the matter to tomorrow, despite Rohatgi’s protestations that the OTT regulations were not applicable in this case.
SG Mehta was asked to submit and circulate the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021, which provides for the regulation of content on OTT platforms.
The top court claimed that there should be a body like a censor board that screens the films. A counsel in the matter informed the top court that the government has recently notified OTT guidelines.
The top court refused to grant interim protection to the Tandav crew from any coercive action and had asked them to move the concerned courts to seek bail in the matter. in January.
Purohit has been accused of the inappropriate depiction of Hindu deities, Uttar Pradesh Police personnel, and for the adverse portrayal of a character in the role of prime minister in the web series.
The Allahabad High Court on February 25, declined to grant her anticipatory bail in the matter. The high court had observed, “Western filmmakers have refrained from ridiculing Lord Jesus or the Prophet but Hindi filmmakers have done this repeatedly and are still doing this most unabashedly with Hindu gods and goddesses”.
One Balbir Azad lodged an FIR on January 19, 2021, at Rabupura police station of Greater Noida.
The web series had deliberately denigrated Hindu gods and goddesses and depicted Uttar Pradesh and its police in a poor light, Azad alleged.
Several other FIRs have also been lodged in states like Madhya Pradesh, Uttar Pradesh, Bihar, Karnataka, Maharashtra, and Delhi against the web series.
A nine-episode political thriller, ‘Tandav’, starring Bollywood A-listers Saif Ali Khan, Dimple Kapadia, and Mohd Zeeshan Ayyub, started streaming recently on Amazon.