Report of One day International Conference Tighter Legal Regime for Media and

OTT Platform

Date: 9th April 2022

Tilak Maharashtra Vidyapeeth organized one day conference on the topic of Tighter
Legal Regime for Media and OTT Platform which is live and burning issue and this is the
area where yet so many things need to be finalised and it would require regular updating due
to developing technology.

OTT platforms have been a growing trend in the entertainment industry in recent years. Over-
the-top (‘OTT’) media platform is one such streaming service that delivers content directly to
its consumers over the web.

In India, there is a growing demand for the services of OTT platforms due to an
unprecedented increase in the number of persons with access to internet services and smart
phones. Various OTT platforms such as Netflix, Amazon, YouTube, Alt Balaji, etc. have also
proliferated their services in the Indian market. However, there is an absence of a specific
legislation for OTT services to deal with the legal issues related to these OTT platforms in
India.

With mounting popularity/viewership and the potential to permeate every nook and corner in
the country which vaunts workable internet connectivity, OTT platforms have been in the
crosshairs of the government for some time now with the government voicing concerns
around unfiltered content and lack of regulation.

The OTT platforms will be required to follow the basic laws of the land while streaming
content. Many of the OTT platforms signed a self-regulatory code, the ‘Code of Best
Practices for Online Curated Content Providers’ which was released by the Internet and
Mobile Association of India (IAMAI).

This code works towards a framework of open disclosure by the platforms. But that doesn’t
solve may other problems, the need for an unbiased regulatory body is a must.

The Internet Content Streaming cannot be controlled by a self-regulatory body. The body
shall distinguish responsible content for regulation. The OTT platforms and the Government
shall work together on this and end this issue once and for all.
At this point of time OTT platform is at a nascent stage across the globe. India needs to make
sure that they cope up with the needs of the people while making legislation.

Hon’able Speakers

1. Dr. Thusitha B. Abeysekara

Sr. Lecturer in Law, legal studies Unit,

Faculty of management studies and commerce

University of Sri Jayewardernepura, Gangowawila,

Nugegoda, Sri Lanka

2. Adv. Jayant Jaibhave

Member, Bar Council of India

3. Justice Subodhkumar Gunvantilal Shah

Rtd Judge of High Court Gujrat

4. Adv. Rajendra Anbhule

Advocate on record, Supreme Court, Delhi.

Session I

Dr. Thusitha B. Abeysekara,

What is the concept of OTT?

OTT stands for “Over The Top” and refers to any streaming service that delivers content over
the internet. An OTT platform is any service that enables you to deliver video and/or live
stream feeds to an internet-enabled device. This allows you to deliver (and monetize) video
content directly to viewers without any third-party platform. It also makes delivering video
content much different than in the past.

In previous years, a consumer would take out a cable subscription and their cable TV
provider would be responsible for the supply and availability of programming. In the modern
era, users can sign up for services like Netflix or Spotify and access their offerings over the
internet. The cable provider now only provides the internet connection and has no ability to
control what you consume. This separation has big implications for advertising.
Essentially, OTT platforms empower consumers to cut the cord with cable TV providers and
move toward online-only media consumption. The cable provider—which was once the
gatekeeper for video content—now only provides the internet connection and has no ability
to control what people consume. This separation has big implications for OTT platforms.

It should come as no surprise that the content a streaming service chooses to put on its OTT
platform plays a huge role in the consumers it attracts, but the OTT platform itself does, too.
Streaming services aren’t only judged by their content, but also the user experience and
seamless delivery of content on their platform.

The customer is now clearly in the driver’s seat. If you want to make a profit—or at least
have people view your content—designing an experience that people enjoy is vital for the
success of your OTT platform and streaming service.

Indian legal framework regarding OTT

While no explicit enactments have been passed to control Internet material, several articles
and sections from several statutes combine to restrict what is accessible on the internet.

"Freedom of Speech is guaranteed by Article 19(1) of the Indian Constitution28 ". Still, it
may be curtailed by imposing reasonable limitations if the material is harmful to the State's
well-being, disrupts public order, harms foreign relations, or is intended to incite criminal
activity.

People who engage in obscene book sales or distribution face criminal penalties under the
Indian Penal Code ("Section 293")29. Intentionally and deliberately offends religious
sensibilities by its very nature ("Section 295 A") 30. Anyone who publishes libelous material
("Section 499") 31 or who insults a woman's modesty faces criminal penalties ("Section
354").

It is the goal of the Indecent Representation of Women (Prohibition) Act, 1986to ensure that
indecent depictions of women are entirely prohibited in advertising, literature, films, and
other media. Child pornography is illegal under the "POCSO (Protection of Children from
Sexual Offences) Act."

Under "Sections 67A-C of the Information Technology Act, 200033 ", anybody who
transmits or publishes obscene content, including sexually explicit material depicting minors
in sexual activities, faces a fine and imprisonment. "Section 69A of this Act34 " gives the
Central Government the authority to make directives prohibiting the release of certain types
of information.
Although it is not a law, the Internet and Mobile Association of India published a self-
regulatory code signed by several OTT platforms, the Code for Best Practices for Online
Curated Content Providers' (IAMAI). The goal of this code is to create an open-source
framework. The following are the code's three most important features:

 Separation of content into subcategories, as well providing the provision of disclaimers for
material that is unsuitable for specific age groups.

 Defining what material is deemed age-sensitive and what is not.

 Working to provide a suitable grievance resolution process for its customers to resolve any
concerns or complaints about the material accessible on these platforms that the customers
have expressed.

In the case of Padmanabh Shankar35, the petitioner requested that the court takes into
account four different issues. To govern OTT platforms, the appellant asked to establish a
competent regulatory body. He asked the court to bring them within the jurisdiction of the
Central Board of Film Certification (CBFC) and the Cinematograph Act of 1952 until such an
entity is established. According to the petition, OTT platforms should be held accountable
and should not be allowed to benefit from the safety net provided by “Section 79 of the IT
Act.” 36 According to the petitioner's final request, "public display" should include reading
material accessible on the net in the office or at home.

Because it may not be feasible to appreciate the argument that transmission of movies,
theatres, series, etc. via the net, would fall within the scope of "Section 2 (C) of the
Cinematograph Act, 37" the court, in this case, found it impossible to provide relief to the
first petitioner. The same cannot be dealt with since the second request was reliant on the first
decision. The court also said that they took his concerns seriously and wanted the State to
investigate them despite their inability to grant the petitioner's request.

Last year in February, the government had notified the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 to regulate OTT
platforms.

The rules establish a soft-touch self-regulatory architecture with a Code of Ethics and three-
tier grievance redressal mechanism for OTT platforms.
They provide for self-classification of the content without any involvement of Central Board
of Film Certification.

General principles require the platforms to not publish any content which is prohibited under
any law and take into consideration the implications, and exercise due caution and discretion
in respect of the content which affects the sovereignty and integrity of India.

They should also take into consideration India’s multi-racial and multi-religious context and
exercise due caution and discretion when featuring the activities, beliefs, practices, or views
of any racial or religious group.

OTT platforms must display age-based content rating and content descriptor for each content.
If applicable, they should also display an advisory on viewer discretion at the beginning of
the programme.

In addition to this, the rules mandate a three-tier institutional mechanism for handling public
grievances.

These are-- Every publisher should appoint a Grievance Officer based in India for receiving
and redressing grievances in 15 days. Also, every publisher needs to become a member of a
self-regulating body. Such a body will have to register with the Ministry of Information and
Broadcasting and address grievances that have not been resolved by the publisher within 15
days.

Impact of regulating content of OTT platform in India

Since OTT was an unregulated space, it gave rise to experimental content that created a niche
for itself. But, it also gave rise to content that exploited the freedom of creativity, violating
the norms of our culture and not setting the right example for the section of audience that is
impressionable. Thus, in February 2021, the government released the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The
regulations have come into effect to curtail content that is problematic in nature, empower
viewers to make informed choices, and create a fair playing field for other mediums. While
every decision has its pros and cons, it is important to retain the essence and the authenticity
of streaming services. An extended runtime for a series offers a greater opportunity to explore
the depth of story, characters and direction. The kind of storytelling opportunities OTT
platforms provide is extremely profound and differs from that of other platforms, which is
why we are in favour of the restrictions being tweaked as per the medium so as to not hamper
creativity.

Regulation regarding OTT platform in the context of Sri Lanka

Overview of Regulation There is an active and competitive market for pay TV in Sri Lanka.
Whilst the popularity of OTT TV services is growing, pay TV services are still largely
provided by “traditional” network technologies – cable, satellite, and telco IPTV. The pay TV
sector is regulated by multiple government authorities, including the Ministry of Mass Media
(MMM), the Sri Lanka Rupavahini Corporation (SLRC), the Sri Lanka Broadcasting
Corporation (SLBC) and the Telecommunication Regulatory Commission of Sri Lanka
(TRCSL). The majority of pay TV regulations are enforced as conditions set forth in
broadcasting licenses and are therefore not completely transparent.

The same regulatory bodies also regulate OTT services. Generally, OTT services are subject
to the same regulations as traditional pay TV services. Licensing requirements for ofshore
OTT service providers will depend on the nature of their operations.

Intellectual property rights are protected under the Intellectual Property Act No. 36 of 2003.
Copyright owners may seek injunction, damages and other remedies as approved by the court
against any entity who has been found to be infringing their copyright. Punishments for
copyright infringement may include fines and/or imprisonment. In practice, however, the
government has taken little to no action against online piracy.

There have been widespread concerns about issues relating to digital contents both on digital
media and OTT platforms. Civil Society, film makers, political leaders including Chief
Minister, trade organizations and associations have all voiced their concerns and highlighted
the imperative need for an appropriate institutional mechanism. The Government also
received many complaints from civil society and parents requesting interventions. There were
many court proceedings in the Supreme Court and High Courts, where courts also urged the
Government to take suitable measures.
Since the matter relates to digital platforms, therefore, a conscious decision was taken that
issues relating to digital media and OTT and other creative programmes on Internet shall be
administered by the Ministry of Information and Broadcasting but the overall architecture
shall be under the Information Technology Act, which governs digital platforms.

Consultations:

Ministry of Information and Broadcasting held consultations in Delhi, Mumbai and

Chennai over the last one and half years wherein OTT players have been urged to develop
“self-regulatory mechanism”. The Government also studied the models in other countries
including Singapore, Australia, EU and UK and has gathered that most of them either have an
institutional mechanism to regulate digital content or are in the process of setting-up one.

The Rules establish a soft-touch self-regulatory architecture and a Code of Ethics and three
tier grievance redressal mechanism for news publishers and OTT Platforms and digital
media.

Notified under section 87 of Information Technology Act, these Rules empower the Ministry
of Information and Broadcasting to implement Part-III of the Rules which prescribe the
following:

· Code of Ethicsfor online news, OTT platforms and digital media:This Code of Ethics
prescribe the guidelines to be followed by OTT platforms and online news and digital media
entities.

· Self-Classification of Content: The OTT platforms, called as the publishers of online

curated content in the rules, would self-classify the content into five age based categories- U
(Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult). Platforms would be required to
implement parental locks for content classified as U/A 13+ or higher, and reliable age
verification mechanisms for content classified as “A”. The publisher of online curated
content shall prominently display the classification rating specific to each content or
programme together with a content descriptor informing the user about the nature of the
content, and advising on viewer description (if applicable) at the beginning of every
programme enabling the user to make an informed decision, prior to watching the
programme.

· Publishers of news on digital media would be required to observe Norms of

Journalistic Conduct of the Press Council of India and the Programme Code under the Cable
Television Networks Regulation Act thereby providing a level playing field between the
offline (Print, TV) and digital media.

· A three-level grievance redressal mechanism has been established under the rules with
different levels of self-regulation.

o Level-I: Self-regulation by the publishers;

o Level-II: Self-regulation by the self-regulating bodies of the publishers;

o Level-III: Oversight mechanism.

· Self-regulation by the Publisher: Publisher shall appoint a Grievance Redressal Officer

based in India who shall be responsible for the redressal of grievances received by it. The
officer shall take decision on every grievance received by it within 15 days.

· Self-Regulatory Body: There may be one or more self-regulatory bodies of publishers.

Such a body shall be headed by a retired judge of the Supreme Court, a High Court or
independent eminent person and have not more than six members. Such a body will have to
register with the Ministry of Information and Broadcasting. This body will oversee the
adherence by the publisher to the Code of Ethics and address grievances that have not be
been resolved by the publisher within 15 days.

· Oversight Mechanism: Ministry of Information and Broadcasting shall formulate an

oversight mechanism. It shall publish a charter for self-regulating bodies, including Codes of
Practices. It shall establish an Inter-Departmental Committee for hearing grievances.
Paper presentations by Dignitaries

Mr. Vinit Pareek

OTT Platforms had remained unregulated for long, due to which it stayed favourite among
the film makers as it allowed more freedom and creativity. A self-regulatory framework was
signed by 15 OTT platforms last year, brought in by the Internet and Mobile Association of
India (IAMAI), but government has denied to give any support to it as of now. As reported
by the headlines of Economic Times, The Ministry of Information and Broad Casting, the self
regulatory body was rejected in September last year as well. And now these OTTs function
under the Government, subjecting them to Censorship Standards set by the Government. [16]

Its just like that the Indian Government is not happy with us sitting and chilling over our own
personal choices. Starting from banning PDAs and now to this, in the name of “PUBLIC
INTEREST!” but who is responsible to provide a decision regarding if it is in the interest or
public or not?

Coming to talk of Censorship of OTT platforms, is it really necessary?

We live in a democratic Country

Each and every one of us has the right to express one self and having said that we live in a
society where people of different cultural and economic background exists, it would be
sensible to exercise some self-censorship in order to be sensitive to this diversity, in spite of
imposing rules of Censorship and hampering creativity of the Content Creators.

Self Regulation Code signed is the best way currently.

This code provides codes with the help of which the Viewer is given the entire power for
himself, and as audience we definitely have the sense to not to spend on content we do not
want to watch( If 18 year old can decide whom to vote for, they can also decide what to
watch and what not to).[17]
Freedom of Speech and Expression is the most vital for a creative industry to survive.

As guaranteed under Art 19 of our Constitution, we posses our right to freedom of speech and
expression, thus the Industry just needs to be responsible for their content they put out and
must not take advantage of lack of censorship.

It is not fair to decide as to what should be watched and what not.

Some contents available in these online platforms may be offensive for one and may not be
offensive for the other audiences, thus it would be inappropriate to decide on behalf of the
audiences to decide the nature of any content.

There’s no good reason to hide what everyone knows.

Films and Shows already come under CBFC, thus are censored. They cannot show every
content and every truth going around the world. And these online flatworms making use of
this freedom release every content which these screens cannot show, relating to things
general public should know and they already know. And putting an end to this is proving no
gain to the audience.

Information Technology Act , 2000 already available to deal with explicit content.

Taking an example of the most recent case, the Movie Tandav , was charges under the IT ct
for hurting the religious sentiments of the People.

Ambience of Censored movies are different from the Uncensored one

When we watch a movie in a theatre with hundreds of people who are strangers to us, the
impact is completely different from watching it in private or with few family members or
friends. And this distinction should be understood.

My discourage investment in OTT platforms.

Un censored content is what make OTTs different from big screens, if we censor this as well,
this will lead to less investment in OTT Platforms.[18]

All these bodies would have any way seen an immense growth in near future, but due to this
pandemic the Industry got great enthusiasm and encouragement from the fact that there was
suspension of majority of the TV shooting in early phases of lockdown

OTT platforms have the maximum user base nowadays. They have proved themselves to be
the source of enormous knowledge, thoughts, and opinions. 10 years from now, if these
platforms are allowed to be themselves, they will reach heights. These platforms can be the
source of the highest employment and income. Indian directors and producers are creating
content on these OTT platforms without any hampers and putting in all their creativity in the
content, which is even competing in the International market. These OTT platforms are not
only helping us grow nationally but also internationally. If censorship comes into existence in
these OTT platforms, it will not only hamper creativity and reduce the number of users
worldwide but also discourage foreign investment. Thus in my opinion, as “Literature is the
mirror of Society”, similarly no matter how the image may be, these OTT platforms show the
true image of the society which people should know about. Preventing them to create an
image will ultimately lead to the fall of our society as a whole. Also, these OTT platforms, as
they have already come up with a self-regulatory code, must be followed as this code is far
much better than the Censorship of these OTT platforms, as according to me Censorship is of
no use as far as Art is concerned.

Paper II

Ms. Sonali Sharma

What is this Self Regulation Code?

Currently, in India, there are around 40 OTT providers’ media services. Till September, 2020
these OTT platforms were not regulated and hence IAMAI(India and mobile association of
India) which is a body representing OTT put forth a model which is self regulatory in nature.
And on 07.09.2020, these OTT platforms signed a self regulation Code in India. [6]

With the help of this Self Regulation Code, we can ourselves regulate to what content is to be
entertained and what to be not. The entire power is shifted to the viewer so that it does not
hurt the sentiments of anyone. For ex- If there’s any show that is being hired on any of these
OTT platforms, it will include the age classification as well “U”, 7+, 13+, 16+ or 18+. It will
also include content description and Parental Controls. Now it’s upon the discretion of the
parents to what content their children will be watching because ultimately they will be the
one who pay for subscription. [7]

Thus after this Self-regulation code was signed in September, in the middle of October a PIL
was filed in SC and was stated that platform which shows digital contents should be available
in public forum to all the people without any filtering or screening. The Supreme Court then
went on to deal with the PIL that regulates OTT platform like Amazon Prime and Netflix.
Finally as an outcome, a notification was passed by the Cabinet Secretariat in the Official
Gazette of India stating that the Government of India now under the heading “MINISTRY
OF INFORMATION AND BROADCASTING (SOOCHNA AUR PRASHASAN
MANTRALAYA)” in the second schedule includes- the audio, visuals and the films which
are made available to the audience by the content creators online and the platforms that show
current affairs and news.[8] This will provide the government control over the OTT
platforms, which were unregulated till now. And the self-regulatory code adopted by the
OTTs prevented five kinds of content. That incorporates the contents that shames the national
flag, any story line or context that encourages child pornography, any visuals that hurts
religious sentiments, encourages terrorism and those contents which are banned itself by the
court of law for exhibition. The government but then refused to support this code. And
currently the government under Sec 67 of the Information Technology Rules, 2021 had come
up with new rules and proper redressal mechanisms for both digital and non- digital media
and OTTS. And these rules will be really strict and proper actions are set to be taken against
any content that is against state, infringes friendly relations with foreign nations and disturbs
public order.

Paper III

Ms. Sapna Jaiswal & Ms.Nandita More

Features of OTT platforms in India.

There is a growing demand for on-demand content in the contemporary world as it offers the
audience much-needed flexibility. They have total control over their viewing experience.
This has given a major boost to modern-age OTT platforms that focus on improving the user
experience. OTT platforms deliver the content directly to the end-user by leveraging the
internet and eliminating any middlemen in the process.

OTT channels are being preferred by users for both entertainment and educational purposes.
Having the right OTT platform features adds to the user experience quotient. If you are a
content creator, building an OTT streaming platform is the first step in the right direction.
You must add all essential features to stay competitive in the market. Let’s delve deeper into
9 essential features that OTT channels must have in the contemporary.

1. Performance & speed

The performance and speed of your OTT platform play a crucial role in its overall success. It
doesn’t matter how good your content is if the users are not able to stream it seamlessly
without any lags. OTT channels leverage the internet to deliver content and sometimes the
internet speed may not be up to mark. OTT giants like Netflix offer users to stream in
different modes based on their speed to deliver an uninterrupted streaming experience. It is
crucial to offer users multiple options to stream content based on their internet connectivity. 

2. A high degree of customization

Customization is one of the most important factors to consider while building a high-quality
OTT streaming platform in the contemporary. A highly customized OTT platform is highly
beneficial when you want to create a brand around it. It also provides you with the required
flexibility when it comes to evolving and adapting to new changes. Your OTT platform
should allow you to easily customize and create extensions as per your need. 

3. Live streaming capability

The popularity of live streaming content is growing given the benefits it offers. Celebrities
and brands are using live streaming content to engage with their users in real-time. It helps to
boost engagement and provides for a more personalized communication channel. The real-
time interaction helps to create a strong bond between the brands and their audience. Your
OTT platform must have the live stream option. 

4. Anti-theft features
The internet has made it easier to share your content online with the targeted audience and
bank on the same using OTT channels. However, one of the biggest disadvantages of putting
your content on the internet is that security is not guaranteed. It is prone to theft and
copyright infringements are mainstream. This restricts the creators from reaping the full
benefits of their creations. Your OTT platform must have anti-theft options to protect your
content from being illegally distributed. 

5. Advanced analytics and insights

In the modern digital era, you need to rely on advanced analytics to obtain valuable insights
about your users. In the OTT business, this will help you create more relevant content that
your users would want to stream. If you blindly go on creating the content without
incorporating the user’s response or feedback, you won’t be able to create a loyal audience
base. Having OTT platforms that offer advanced analytics and insights can also help to level
up your marketing game. This will allow you to provide personalized recommendations
based on the user’s preference.

6. Multiple video monetization options 

Your OTT business should generate some revenue to survive in the long run. It is easier to
monetize your content today than it was a few years back. People are willing to pay for the
content they want to watch and OTT channels provide them with the flexibility to choose.
Having multiple monetization options provides you with more flexibility when it comes to
banking on your creation. Some of the commonly used video monetization models include
SVOD, TVOD, AVOD. One can choose the most suitable one based on their target audience
and business needs.

7. Content management system 

One of the most crucial OTT features that one should look for is a centralized content
management system that allows you to control different aspects of your platform. Having an
effective content management system can help you in importing, curating, and managing
your content. A content management system can help you organize and upload your content
on your OTT platform in a seamless manner. Some of the crucial aspects that you can
manage easily using a centralized CMS include adaptive streaming, offline access, curating
videos, watermarking, geographic setting, etc.

8. Multi-device platform 
If you don’t want to limit your audience base, your OTT platform must offer multi-device
support. Multi-device support imposes no restrictions on the audience, they can stream the
content on the type of device they have access to. This is among the most important features
to consider in OTT platform development.

9. Payment gateways 
To seamlessly receive payments from your customers, your OTT platform needs to support
all popular payment gateways. Having multiple payment gateways helps to ensure that your
users do not have a tough time paying for their purchases on your platform. 

Paper IV

Ms. Varsha Barve & Mr. Akshay Nesorikar

Impact of OTT platform on youth and society

The content and language of OTT (over-the-top) platforms have been posing a serious threat
to the cultural and ethical values of our country.

It has been a matter of concern that several crimes took place recently where the accused got
encouraged for crimes after watching the web series.

The content, language, and presentation of the programs of OTT (over the top) platforms
such as Netflix, Disney Hotstar, Amazon Prime, Voot, MX Player, zee5, Alt Balaji etc. have
been a cause of concern in recent times in the light of the multiple impacts, especially on the
youth. These OTT platforms are making huge and enormous profit at the cost of challenging
the Indian cultural values and ethos among the youth by posing film, television content
 flooded with the offensive and abusive language and sex scenes. Our country has gone
through a tremendous technological revolution which promoted the new entertainment
platforms through hi-speed Internet, Video-on-Demand and OTT platforms and it is assumed
that an average Indian youth spends approximately 8 hours 29 minutes watching online video
content, which is much more than the worldwide trend of 6 hours and 45 minutes.

Television programs & Films have been recognized as prime mode of entertainment in India
especially in urban and semi-urban areas. Undoubtedly, these programs have immense
potential and capacity to influence thought process, attitudes, and behaviour of the people. It
is normally observed that the youth, particularly kids and teens are apt to learn the dialogues
and songs from movies or TV programs, and it has a deep impact in their mind both
consciously and subconsciously for long. Subsequently it plays a major role in shaping up the
personality and moulding the character also. But through these online platforms, mainly anti-
national or anti-religious content is presented that provokes the masses to react instantly and
thus, it can be said that OTT platforms are spreading negative culture among the youth.

It is well understood that youths are more likely to follow and acclimate one’s behaviour as
they can easily relate to what is displayed on online platforms and other video content.
Subsequently, it develops a lot of behavioural changes in youth. It has a serious and long-
term impact on their behaviour and in their thoughts. Besides, it leads them for following
repercussions:

 the entire process of socialization of youth has got affected.

 the disease such as insomnia, depression, obesity, and eyes disorder amongst the youth have
increased.
 the academic performance of the youth has also been affected.
 web shows rarely mentions anything about sexually transmitted infections and unwanted
pregnancy the web series have become a platform to advertise Alcohol, Smoking, Tobacco,
Drugs and Weed without mentioning their adverse effects.

Plethora of incidents where youth have committed crime after getting inspired by the
programs of such platforms registered recently which clearly establish the deep impact on
youth. Right from kidnapping to murder many crimes have been committed by the youth who
confessed in police custody that they tried to imitate the crime after watching the web series. 

The debate over OTT (over-the-top) platforms is gradually becoming a point of discussion in
India as these platforms (Netflix, Amazon Prime Video, Hotstar, etc.) create contents,
according to their own commercial interest, which carries extreme violent and abusive
content. The problem here is not OTT platforms, but their contents. Here, it is worth
mentioning that in the present world, mobile phones and smart TVs are replacing cinema
halls due to cheap internet data and instant availability of contents. There is a possibility that
within a decade, online platforms would fully replace cinema halls. Therefore, it is legitimate
to bring some guidelines for these platforms.  And government has also brought rules
regarding this. According to the new rules, “The OTT platforms would self-classify the
content into five age based categories- U (Universal), U/A 7+, U/A 13+, U/A 16+, and A
(Adult). Platforms would be required to implement parental locks for content classified as
U/A 13+ or higher, and reliable age verification mechanisms for content classified as “A”.
The publisher of online curated content shall prominently display the classification rating
specific to each content or programme together with a content descriptor informing the user
about the nature of the content, and advising on viewer description (if applicable) at the
beginning of every programme enabling the user to make an informed decision, prior to
watching the programme.”

The fact of the matter is that most of the OTT platforms could be seen creating content to
manipulate people’s thoughts. India has world’s largest population of youths and this is the
reason why all the OTT platforms create such content, which could drag attention of youths
so that they subscribe the platform, violent and political contents are created. Sometimes,
sensitive social issues are also added to give caste and religious colour. The fact is that all
these things are deliberately done to create controversies as controversy is the first step
towards making a content famous. Here, it does not mean that the content should not be
created on social issues. It should be created, as cinema is the mirror of society and it has the
power to change a society culturally and also economically as it also changes the lifestyle of
people. But, mixing controversial issues and vulgarities for the commercial purpose is like
playing with fire, and therefore, if the government brings any rule regarding this, it should be
welcomed as print and electronic media, the fourth pillar of democracy, too follow some
guidelines.

Paper V

Mr. Ashish Barve

Process and remedies for copyright infringement and importance of medication as a

remedy
This paper looks at the different remedies a person has for copyright infringement in India.
There are three types of remedies a person can get for copyright infringement in India – civil
remedies, criminal remedies and administrative remedies. This paper will be analysing each
of them in detail.

Types of Copyright Infringements

Copyright infringement has become a serious issue in the modern world. Infringement occurs
when a person intentionally or unintentionally copies the work of another creator.
Infringement is usually classified into two categories – primary infringement and secondary
infringement.

Rights of Copyright Owners

It is important to first understand the rights held by a copyright owner before tackling the
remedies for infringement. Authorized copyright owners have the right to:

Publish the work

Perform the work in public

Produce the work in a material form

Produce, reproduce, perform or publish any translation of the work

Make any adaptation of the work

Communicate the work through broadcast, radio or cable

The original creator of the work enjoys a few exclusive rights to:

Make copies of the work

Make a derivative based on the original

Distribute the work

Perform the work publicly

Display the work in a commercial setting

Seek remedies for unauthorized use of the copyright work

Civil Remedies for Copyright Infringement

The civil remedies for copyright infringement are covered under Section 55 of the Copyright
Act of 1957. The different civil remedies available are:

1) Interlocutory Injunctions

The most important remedy is the grant of an interlocutory injunction. In most case the
application filled is for interlocutory relief and the matter rarely goes beyond the
interlocutory stage. There are three requirements for there to be a grant of interlocutory
injunction – Firstly, a prima facie case. Secondly, there needs to be a balance of convenience.
Finally, there needs to be an irreparable injury.

2) Pecuniary Remedies

Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the
Copyright Act of 1957. First, an account of profits which lets the owner seek the sum of
money made equal to the profit made through unlawful conduct. Second, compensatory
damages which let the copyright owner seek the damages he suffered due to the infringement.
Third, conversion damages which are assessed according to the value of the article.

3) Anton Pillar Orders

The Anton pillar order gets its name from the holding in Anton Pillar AG V. Manufacturing
Processes. The following elements are present in an Anton Pillar Order – First, an injunction
restraining the defendant from destroying or infringing goods. Second, an order permitting
the plaintiff’s lawyer to search the defendant’s premises and take goods in their safe custody.
Third, an order that the defendant be directed to disclose the names and addresses of suppliers
and consumers.

4) Mareva Injunction

The Mareva injunction comes into play when the court believes that the defendant is trying to
delay or obstruct the execution of any decree being passed against him. The court has the
power to direct him to place whole or any part of his property under the court’s disposal as
may be sufficient to satisfy the decree. This is provided in Order XXXVIII, Rule 5 of The
Civil Procedure Code, 1908.

5) Norwich Pharmacal Order

The Norwich Pharmacal Order is usually passed when information needs to be discovered
from a third party.

Criminal Remedies

Under the Copyright Act, 1957 the following remedies are provided for infringement:

Imprisonment up to 3 years but, not less than 6 months

Fine which may not be less than 50,000 but, may extend up to 2, 00,000

Search and seizure of infringing goods

Delivery of infringing goods to the copyright owner

Fair Dealing under Copyright Law in India

The defence of fair dealing is an integral part of copyright law. The fair dealing defence
allowed certain usage of literary works which would have otherwise been an infringement of
copyrights. The fair dealing defence states that copyrights must not stifle the very creativity
that law is meant to foster. It is “a key part of the social bargain at the heart of the copyright
law, in which as a society we concede certain limited individual property rights to ensure the
benefits of creativity to a living culture.”

The Indian Copyright Act under Section 52 makes fair dealing a valid defence for copyright
infringement. This defence places the burden of proof on the copyright owner to establish
infringement. However, the Copyright Act has not defined fair dealing which led the Indian
court to rely on the definition of English authorities. The court usually relies on the case of
Hubbard vs Vosper which held that “It is impossible to define what is “fair dealing.” It must
be a question of degree. You must consider first the number and extent of the quotations and
extracts. Are they altogether too many and too long to be fair? Then you must consider the
use made of them. If they are used as a basis for comment, criticism or review, that may be
fair dealing. If they are used to convey the same information as the author, for a rival
purpose, that may be unfair. Next, you must consider the proportions. To take long extracts
and attach short comments may be unfair. But, short extracts and long comments may be fair.
Other considerations may also come to mind. But, after all, whatever said and done, it must
be a matter of impression. As with fair comment in the law of libel, so with fair dealing in the
law of copyright. The tribunal decides on facts of the case. In the present case, there is
material on which the tribunal of fact could find this to be fair dealing.”

Session II

Justice Subodhkumar Gunvantilal Shah

Former Judge of High Court Gujrat

The Civilized society, The Government, the Legislature, The Judiciary & The Media have to
perform their role, each in their own areas of competence and in a concerted manner for the
betterment of Society public at Large. Law, by itself, may not be enough. Law is only an
instrument. It must be effectively used. This effective use depends as much on a supportive
judiciary as on the social will to change. Active technological reform movement, if
accompanied by properly enforced legal reform can transform society. Effective
technological reform movement does need the help of law and judiciary so also media to
achieve its objectives.

What is ‘CRIME’ – Generally.

 Taking or attempting to take or doing or attempting to do any act by means or process which
is not accepted by the “norms of the society”; or “infringement” of any legal provision may
be termed as crime.

It may be violent, silent; may be complained off or even may not be complained off by the
victim.

ESSENTIALS OF CRIME (To be dealt with by the Judicial System)

1. There must be some statutory provisions precisely defining crime.

2. There must be some punishment provided by the statute.
3. There must be procedure provided for the trial.

Crime is voluntary and willful Act / Omission / Conduct Violating Existing Law,

Criminal Trail Aim to sentence culprits For Adversely affecting Body or property When
Some thing of secured environment is targeted.

The Hon’able speaker shared important case laws on following cases.

A. For the concept of Defamation – Libel

B. DEFAMATION - SLANDER
C. ABSOLUTE PRIVILEGE
D. MALICIOUS / INJURIOUS FALSEHOOD
E. DEFENSES TO DEFAMATION
F. SUPPRESSION OF FACTS
G. ACTION FOR DEFAMATAION

Valedictory Function

Dr. Deepak Jayant Tilak Chancellor of Tilak Maharashtra Vidyapeeth

Dr. Geetali Tilak Vice Chancellor of TMV

Advocate Harshad V Nimbalka, Dean of Law Faculty

Dr.Rohini Honap, HOD Law Dept

Even after the Government issuing the current guidelines for the regulation of the
OTT platforms, the Honourable Supreme Court has ordered a stay on all petitions
concerning OTT regulations. Therefore, we still have to wait to see how these
guidelines will be implemented. They will undoubtedly affect the type of content
streamed on the platforms, and the redressal mechanism formulated should surely help
address the grievances of the public without the involvement of the courts.