Top OTT players pick self-regulation ombudsman model for addressing complaints

New Delhi | Mumbai: Netflix, Amazon Prime Video, Disney-Hotstar, MX Player and Zee5 are among 15 video streaming services that have agreed to implement a universal self-regulation code overseen by an ombudsman to address complaints related to content, following months of deliberations. The code will be implemented in two months.It includes a framework for age classification and content description as well as access control tools for online curated content providers (OCCPs). It has a transparent, structured grievance redressal and escalation mechanism for reporting non-compliance with guidelines.As part of the mechanism, each platform will have to set up a consumer complaints department or an internal committee as well as an advisory panel that will deal with complaints and appeals. The advisory panel will have a minimum three members, comprising an independent external adviser and two senior executives of the platform.The external advisers will be domain experts, who will be consulted to address complaints on a case-by-case basis. The advisers are likely to be specialists in fields such as history, religion, gender, child rights, Constitution and law, among other areas.‘Ombudsman Model has been Successful’“The universal self-regulation code for OCCPs is built around a shared belief that consumer empowerment and creative excellence are key to the long-term success of the Indian entertainment industry,” said Tarun Katial, chair, digital entertainment committee, Internet & Mobile Association of India (IAMAI). He said the framework will allow users to make viewing decisions for themselves and their families. “It’s the fine balance between telling good stories and allowing users to make informed choices. Implementation will begin in the next 60 days.”77942108The code was drafted under IAMAI’s aegis, complying with the information & broadcasting (I&B) ministry’s direction to streaming platforms to come up with a self-regulation model. Katial said the ombudsman model has worked across industries and will be similar to the mechanism that organisations have in place to address complaints under the sexual harassment law.The 15 OTT (over-the-top) services that have arrived at a consensus on the code, apart from those mentioned above, are Viacom18, Jio Cinema, Eros Now, ALTBalaji, Arre, HoiChoi, Hungama, Shemaroo, Discovery Plus and Flickstree. Sony LIV has not signed up yet, but is expected to soon, said people with knowledge of the matter.RARE BRIGHT SPOT“The OTT sector has emerged as a rare bright spot in the Covid era,” said MX Player CEO Karan Bedi. “We are happy to have helped create a framework under IAMAI’s aegis that allows consumers and families informed choice, while enabling creative excellence from our strong, talented and passionate creator community. Most major services have signed on and we expect many more to follow suit.” MX Player is part of the Times of India Group, which publishes ET.The model has been presented to I&B ministry officials and the Ministry of Electronics and Information Technology (MeitY), said the people.A few months ago, major OTT companies had rejected a two-tier mechanism based on the television model. This had a Digital Content Complaints Council to be led by retired high court Chief Justice AP Shah with representation from several NGOs. While Disney-Hotstar, Jio, SonyLIV, VOOT (Viacom18) and Eros agreed, Netflix, ALTBalaji, Arre, MX Player and Zee5 rejected it, saying it was “exclusionary and unnecessary.”“Right from the beginning, there should have been no comparison with the Broadcasting Content Complaints Council (BCCC) because the online medium is meant for private viewing, which is the right of an individual,” said the legal consultant of an OTT service. “A third party, who is not familiar with the OTT space, based on the model for television, will not understand the medium. Here, content is on demand as the user makes a choice to watch something with acknowledged consent. Most platforms also put age ratings, which gives the viewer all information needed to watch a series.”I&B WANTS CONTROL OVER OTTMeanwhile, the I&B ministry has reached out to MeitY to bring OTTs under its purview. It has asked MeitY to explore ways in which the latter could transfer power to regulate online content to the I&B ministry, without making amendments to the Information Technology Act, 2000, which is currently under the IT ministry.As of now, though the I&B ministry certifies content for theatres through the Central Board of Film Certification (CBFC), content released on OTT platforms don’t require certification. The discussions between the ministries could make demarcations of responsibilities clearer, with MeitY retaining control over policies on meta, personal or non-personal data, and the I&B ministry covering content-related issues of all platforms, including online ones, officials said.I&B secretary Amit Khare said in July the ministry was proposing to take over jurisdiction of online content regulation in India from MeitY.The government could issue separate rules for online infotainment platforms (video on demand), news, games, etc, through provisions on intermediary liability under the IT Act that may not need amendments to the legislation, an official said.It is possible that rules for online infotainment platforms will also act as guidelines for all digital and streaming services, giving the I&B ministry control over content, an official said. That could be contested by MeitY, said another official.EXPERTS BEING CONSULTEDOfficials, along with legal experts being consulted by the ministry, are also keenly looking at provisions already available under the IT Act that gives powers to central or state governments and any of their departments to monitor content or take appropriate measures in case of violation. The move assumes significance with films along with serials going directly to OTT platforms due to the lockdown. Only recently, the defence ministry advised producers to obtain no objection certificates before putting any content related to the armed forces in the public domain. The Indian Air Force has objected to its depiction in the recent film, The Kargil Girl, released on Netflix. Courts have ordered the streaming service to halt release of Bad Boy Billionaire after complaints from the subjects of the series on financial scandals.

from Economic Times https://ift.tt/352oYIi