A look at how different countries regulate OTT content

The guidelines and digital media ethics code notified by the Centre on February 25 have directed Over The Top (OTT) platforms to classify the content into five categories. These are: U for universal, and U/A 7+, U/A 13+, U/A 16+ and A (adult).

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 stipulates “platforms would be required to implement parental locks for content classified as U/A13+ or higher”.

It also stipulates that there should be reliable age verification mechanisms for content classified as A, which makes it clear that such content cannot be viewed for anyone under 18.

The guidelines also state that the publisher of the content “shall prominently display the classification rating specific to each content”. It should also add a descriptor so that the user can take an informed decision on watching the programme.

Consultations for one and a half years preceded the announcement and during this time the government studied the regulatory mechanisms developed in Singapore, Australia EU and the UK for the purpose.

Singapore is one of the highly regulated markets for OTT players where the regulatory body Infocomm Media Development Authority (IMDA) set down directives that require streaming and on-demand video services to classify their content the following categories – G: for general, PG: for parental guidance, PG13: for parental guidance for kids under 13 years, NC16: for not for children under 16, M18, which indicates content meant for viewers above 18 and R21: that is for those above 21 years. Another requirement is that platforms should forewarn viewers about nudity, violence, horror and use of narcotics.

The authorities of the island country also stipulate that the content on these platforms should not be subversive to national and/or public interest and public security. Violating the norms can invite penalty such as withdrawal of content and even penalty.

In the European Union, there are no regulations that are laid down for governing digital content. However, the topic of illegal and harmful content on the Internet has been deliberated in papers that are detrimental to security. There are also discussions about checking content that can easily influence impressionable minds.

In the US the methods are still being debated with the Federal Communications Commission (FCC) saying that a set of proposed regulations in 2019 were “unnecessary and heavy handed”. Experts say that the issue of OTT content is yet to be definitively addressed by the FCC.

In Australia the content is regulated by The Broadcasting Services Act 1992 that lays down a guideline and mechanism. An eSafety Commissioner overlooks the regulations in digital media.

Indonesia is a country with very strict anti-pornography laws that require digital platforms to cut out any manner of nudity. Those who violate such restrictions can also face temporary bans. Telekom Indonesia, which is the state-run telecom service provider, blocked out Netflix since 2016 with the argument that the platform did not comply with the country’s regulations.

It alleged that Netflix has content that features pornography and violence that are not permitted by the law of the land. However, Netflix entered partnerships with players such as XL Axiata and Hutchinson 3 to offer streaming services in the country.

In Turkey, online content is regulated by Turkish Radio and Television Supreme Council that is mandated to reserve moral standards and national security. It not only governs what is to go on air in the country but also sells licenses for launching operations. If any company starts working without paying the license fee, it can be shut down any moment.

OTT platforms operating in Th6ailand need to comply with laws that relate to Copyright Act and Computer Crimes Act though it has not yet unveiled legislations or directives governing content that are streamed by digital platforms. Though the National Broadcasting and Telecommunications Commission of Thailand began an attempt to bring such streaming platforms under a regulatory framework, it did not take off.

Two other highly controlled markets are China and Saudi Arabia. On January 1, 2019 Netflix was forced to pull out an episode of a comedy show Patriot Act where the host criticised the crown prince of the country. Saudi Arabia authorities said that the show violated their anti-cybercrime laws which is a comb through which all digital content should pass.

Interestingly, in China, platforms such as Amazon Prime and Netflix are banned. Local players such as Tencent Video and Youku occupy this space. In its mission to promote local entertainment content National Radio and Television Administration of China imposes restriction in the country on the volume of foreign content that can be screened.