OTT Platforms and Censorship in India: Should Streaming Platforms Be Subject to Stricter Content Regulations?

In India, the case is very different with brands like Netflix, Amazon Prime Video, Disney+ Hotstar, and social media giants like YouTube turned over-the-top (OTT) platforms. However, recently there have been legal battles and controversies over some content that have triggered new discussion on censorship, free speech, and the ethical path of content makers in India.

All this while, the democratization of content consumption has come in the form of OTT platforms in India where, we see a constant rise of diverse and new narratives and fresh storytelling that often criticise the norms you might be familiar with. At the same time, regulatory oversight has been lacking, leading to concerns among some policymakers, religious groups and other members of the public exposed all kinds of worrying statistics related to this practice. People have protested over explicit or sensational material which may hurt religious sentiments, spread disinformation or create violence and obscenity without responsibility. Strong calls for increases in regulation of what is available in the digital world.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 regulates the current digital content regulation in India based on a composite of existing laws. These guidelines, under the Information Technology Act, 2000, elucidate the protocol for the code of ethics for the digital news platform and streaming services, stipulating their compliance with the three-tier grievance redressal mechanism. The idea is for it to maintain some form of content moderation while allowing enough creative freedom. But such regulations have been criticized by content creators and free speech advocates, who say such regulations may threaten artistic expression and innovation.

The issue of censorship has also become a contentious one on OTT content providers as any content resulting into public Outrage or legal Action has seen it being censored. There have been several such instances in which this tension has been illustrated, in court petitions banning one web series as well as one film. Legal fights include allegations of defamation, bad taste for the religion or national security. Streaming services come under force to adopt and display self-censorship and to abide by these government directives, creating the discussion over free creative expression in the world of digital.

As India joins the ranks of other countries that wish for more stringent content control measures, the fact that most of the popular apps that were banned in the country were Chinese spurs further discussions. Different countries do not have one single way of governing digital platforms. Ofcom is tasked by the United Kingdom to be able to regulate content with its powers, and the European Union relies on the AVMSD in order to agree on media standards. Even as online platforms have First Amendment protections, the United States also gives the companies the power to set company-made content moderation policies. This sheds light on what the diverse approaches from other nations do to India as India becomes smart enough on how to manage its regulatory balance with freedom of speech.

As with any other aspect, the legal frame in which OTT platforms in India find themselves is more a product of the constantly shifting social and political reality of the country. Yet the government wants to close the door to misinformation and offensive content, and too much of it might dissuade investment in India’s digital entertainment sector and limit the scope of filmmakers and content creators’ creative liberties. It is necessary to have a well-balanced approach of accountability together with freedom of art which is required to grow a healthy digital ecosystem.

We are in a debate around censorship and a regulation and India’s challenge here is going to be making a framework which is about holding the line for free speech, while simultaneously dealing with real questions around content governance. To develop an equitable regulatory mechanism, an approach, which is transparent and consultative shall be taken with the help of industry stakeholders, legal experts and civil society. The next few years will go a long way in determining the future of digital content regulation in India as to how well policymakers are able to find their way through these complexes, and often competing, interests.[1]

What is OTT Censorship?

Over the Top censorship refers to the overall management of the digital platforms such as the restriction and elimination of the OTT content which are not according to the prescribed guideline and rules which are available on the platforms such as YouTube, Netflix, Amazon Prime video, Disney hotstar and many other local platform available in India to watch. This management is known as the Censorship of the OTT. At the outset, OTT platforms were allowed to function with relatively less limitation than conventional one films and television, which were subject to pre censorship law like the cinematograph act of 1952. However, there are now more call for content control due to offensive material, misinformation, and religious belief.

In India, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have placed over-the-top (OTT) players in the government’s spotlight, mandating compliance with content classification, grievance redressal, and self-regulatory codes.

What make OTT Censorship a Hot issue?

1. Artistic liberty versus Ethical Duty:

• Creators contend that OTTs open their doors to unencumber expression through storytelling that embraces themes encored in films or on television. Counterarguments, however, range from slinging the idea that such uncensored materials become a catalyst for obscene, inter-religious discordant, or misinformation.

2. No prior Censorship:
   • Unlike films that are certified by CBFC prior to release, OTT materials get uploaded instantly and does not go through any screening beforehand. Thus, it raises eyebrows as to the kind of possible access open to explicit and controversial materials.
3. Its Misinformation and Fake News:
   • Digital platforms can prove to be very handy in playing on public propaganda, fake news, or distorted facts regarding a certain period in history. OTT and digital avenues like YouTube fall short of such criticism for allowing uncontrolled or unchecked content on them that can sway public opinion.
4. Religious and Cultural Sensitivities:
   • Tandav (Amazon Prime) and Leila (Netflix) have had to face backlash for hurting religious sentiments, which resulted in legal complaints against them with a demand for tighter restriction.
5. Children are Young and Influenced:
   • The OTT platform gives the viewer an open opportunity to access lots of content. it has proved very alarming in exposing children to violence, drug abuse, and adult content. The IT Rules, 2021 demand age classification, but that is not considered.

India’s Booming Digital Content Industry:

Content portals such as Netflix, Amazon Prime Video, Disney+ Hotstar, and local players such as Zee5 and ALT Balaji have million-adhered audiences in Indian OTT. As per report from the Internet and Mobile Association of India (IAMAI): “India’s OTT industry is expected to become a $5 billion industry by 2025”. The emergence of independent content creators on platforms like YouTube and Instagram has also stimulated the entrepreneurial economy, generating opportunities and cash flows across many sectors.[2]

Legal Framework Governing Digital Content:

Before the introduction of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, OTT platforms in India operated with maximum creativity, with little or no freedom of expression. It was the introduction of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) that heralded the beginning of digital content governance. It lays down the following rules:

1. Self-regulation mechanisms: Platforms need age classification of content and parental controls.
2. Grievance redressal system: Platforms must devise a mechanism to address complaints about the content.
3. Three-tier oversight structure: There are 3 levels which determine and explain the same

• Level 1: Self-regulation by the platform.
• Level 2: A self-regulatory body at the industry level.
• level 3: Government oversight through the Ministry of Information & Broadcasting.[3]

4. Content compliance: The platforms need to ensure that all content is compliant with standards of Indian law relating to civil/hate speech, obscenity, and national security.

While several regulations are now put in place, many argue that their shortcomings in ensuring accountability may give rise to increased interventions by the courts and public outcry.

The Economic Impact of OTT and Social Media Regulation:

The Expeditious augmentation of OTT (Over-the-top) platform and social media in India had had a Sincere impact on the digital economy. The extensive reach of the internet and affordable data rates, along with the rising demand for varied materials, have rendered the Indians digital entertainment market one of the most rapidly expanding globally. However, due to the rapid expansion of the digital content in the OTT platform leads to the more and more meticulous rules and regulation regarding the content law and censorship which may now or later give rise to an issue upon the potential economic effects due to excessive regulation.

Recent Controversies and Their Impact:

1. “The ‘India’s Got Latent’ Controversy: A Case Study in Digital Responsibility[4]”

The “India got Latent” show is available on YouTube which is directed by the known content creator Samay Raina. This controversy is the latest among all upon the issue “Artistic freedom and Ethical obligation”. The issue of discussion associated to the ‘India’s Got Latent’ controversy surrounds YouTube which is a free platform to upload video. The points made here in some way represent the dichotomy of artistic freedom and its corresponding ethical obligation, such as the recent legal battle between comic Samay Raina and YouTuber Ranveer Allahbadia.[5]

Despite harshly condemning attacks ‘of filthy language,’ the Supreme Court did not arrest Allahbadia and only pointed out that digital influencers must follow social norms. The show’s producers faced several unwanted formal complaints, and the question arose whether internet content is subject to pre censorship that should touch on traditional media.

Following which the Maharashtra Cyber Cell instructed the removal of all involved videos and the deactivation of the show’s account. The action taken by the Maharashtra cyber cell stir up important question of debate regarding the censorship of the OTT platform “what a better option could be, should the OTT platform regulate themselves or there should be an interference of the government?”

2. “The ‘AIB Roast’ Controversy[6]

This controversy is between the participants of the AIB, which include various Bollywood stars and various social, religious, and legal entities in India. The author of the AIB (Tanmay Bhatt & Ors.) were coerced to come to the public and issue a public apology due to the Obscenity that has been spread by them according to the various entities. This incident set up a standard for disputes concerning digital content in the future.

3. “‘Mirzapur’ and ‘Paatal Lok’ and ‘Tandav’ Controversies”

The Amazon prime content like Mirzapur, Paatal Lok, Tandav creator were sued for intentionally defamed communities and present politician and judicial enforcement in bad light. This content was instantly changed with their defamatory content after multiple FIRs were filled and petition were also summitted are filled in court.

This show how challenging it is to use artistic freedom in politically sensitive situation. [7]

4. “YouTube and Hate Speech: The CarryMinati Case”

The Youtuber CarryMinati was in a controversy for the making a video in which he mocks TikTok content creator in which he is accused of hate speech and harassment. This event leads to an intense sparked discussion over the YouTube content regulation and rules which basically allow the maker channels to function without interference while making only focus on the individual’s producer.

5. “‘Sacred Games’ and Political Criticism”

A Netflix presented series named Sacred games was in controversy for a very long time due to the allegedly critics on the political personalities, this disappoints several person’s and sparked numerous of PILs against the maker of the series. Upon hearing the issue by the superior court (Supreme court) dismissed the charges on the ground of artistic freedom and the thin line separating political slander from narrative. [8]

6. ‘The Kerala Story’ and Political Narratives

The Kerala Story, which was made available on over-the-top platforms, drew criticism for allegedly falsifying information regarding religious conversions. Proponents claimed it was based on actual events, while political groups called for prohibitions. The controversy serves as an example of how social and political narratives can be influenced by internet content.

Potential Consequences of Overregulation:

The regulation is necessary to control and maintain the moral and judicial standards, and the excessive control of the regulation governing the digital and OTT platform face major downfall in beneficial sector.

1. Dissuading Foreign Investment: Social media behemoths and over-the-top (OTT) platforms draw a lot of FDI. Tighter rules, such regular government interference or required content approvals, might make investors uneasy. Businesses may decide to concentrate on more business-friendly markets, which would lower India’s competitiveness internationally.
2. Impact on Indian Content providers: YouTube, Instagram, and Facebook are used by a large number of digital content providers in India to make a living. Overregulation may stifle artistic expression, which would result in fewer content producers and less Indian participation in the international digital arena. India’s influence in global digital media could be impacted if creators move to platform or market locations elsewhere where content regulations are less stringent.
3. Creative Storytelling Is Suppressed: A lot of content producers, artists, and filmmakers push the envelope to investigate socially critical subjects. The freedom of narrative could be restricted by overzealous censoring, which would hinder India’s capacity to create content that is competitively positioned worldwide. During a period when Bollywood and Indian web shows are becoming more well-known worldwide, this could weaken India’s soft power, or its capacity to influence through culture and media.

Judicial Precedents on OTT Censorship:

There are multiple landmark cases where the importance of the meticulous regulation and limit to free speech is define and the issues related to OTT censorship is addressed by the Indian courts.

1. T Antony v. state of Kerala & Ors.[9]: It has been ruled that filing multiple FIRs against a person in different states for the same Offence is an insult to the Indian Judicial system. “A second or successive FIR filed in connection with same or connected cognizable offence committed in course of same transaction is not maintainable”[10]
2. Arnab Ranjan Goswami v. Union of India & Ors.[11]: This judgement ruled the importance for the safeguard of the Journalistic freedom while keeping in the mind that no content or statement invigorate violence or any kind of bisection among the community. “This landmark judgment highlights about the prudently use of free speech and expression even though it was a fundamental right.”[12]
3. Aveek Sarkar v. State of West Bengal: This case explains the appropriate test for obscenity in India, ruling that the “content must be scaled on the basis on current social norm rather than the personal norms.”[13]
4. Shreya Singhal v. Union of India[14]: In this landmark judgement, the section 66A of the It act which states “Punishment for sending offensive messages through communication service, etc[15].” was challenged and get it removed.

The Debate on OTT and YouTube Censorship:

Arguments that support the importance of meticulous regulation:

• Defense against slanderous language and vulgarity: Unmoderated online content has the power to stir up violent conduct and produce hateful communication with vulgar elements.
• Preventing youngsters: Users obtain unrestricted access to explicit content through digital platforms unlike television.
• Level Playing Field for Conventional Media: The Cinematograph Act of 1952 pre-censors’ films, but not over-the-top (OTT) services.
• Misinformation control and national security: It is possible to use digital platforms to propagate polarizing narratives.

Arguments Against Overregulation: 

• Danger to Free Speech: Overzealous censorship may stifle artistic expression.
• Subjectivity in the Definition of “Offensive” Content: What one individual finds offensive may not be offensive to another.
• Political Misuse Risk: Regulations can be used by authorities to stifle opposition.

• Impact on the Global OTT Industry: Excessive regulation may deter international platforms and investors from entering India’s rapidly expanding digital market.

Global Perspectives: How Other Nations Handle Digital Content:

Different nations use multiple regulatory approaches to oversee digital content operations through their existing political structures and legal frameworks as shown in the above chart.

1. US digital platforms operate under self-regulation until severe incidents occur such as copyright violations and illegal content as well as violence promotion. The First Amendment stands as a strong barrier that protects free speech rights thus rendering pre-censorship practices nearly non-existent.
2. Digital content monitoring within the UK comes from the communications regulator who refrains from enforcing pre-censorship measures. A moderate method of oversight applies in this situation. The management of platforms requires them to maintain compliance with both legal ground rules and ethical obligations.
3. Under Australian policy regulators support independent platform management while platforms must carry out self-regulation tasks while upholding moral principles. The government takes limited actions to supervise content that includes hate speech and false information alongside unlawful conduct.
4. India employs a dual model where governmental oversight monitors national priorities, but digital platforms have power to conduct self-regulation according to the IT Rules 2021. India confronts a challenging task to establish appropriate content oversight measures without compromising its freedoms of speech because it faces a dual model between America’s regulatory freedom and China’s strict censorship policies.

The Debate: Striking the Right Balance:

The debate which are going on the censorship of the OTT platforms and social media behemoths YouTube revolves basically on the 2 main grounds that are to follow:

1. Artistic freedom.
2. social responsibility.

As per the digital creators, this platform offers a chance to teel stories that might not be able to be told inside the rigid rules of traditional media, such as movies and television.

• Proponents of Regulation: Proponents of Regulation contend that in the “absence of supervision, digital content may result in false information, societal unrest, and ethical transgressions.” They draw attention to situations in which contentious movies, television shows, or social media posts have incited violence, propagated misleading information, or violated religious or cultural feelings. They contend that to preserve social harmony, safeguard viewers who are at risk, and guarantee that content complies with moral principles, regulation is required.
• Opponents of Regulation: Regulation opponents warn “that overbearing government control could stifle critical conversation and artistic expression.” They contend that stringent laws would discourage foreign investors and content producers, so impeding India’s expanding digital entertainment sector. Furthermore, they caution that excessive regulation could be a political censoring tactic, eroding democratic principles and free expression.

The Road Ahead: A Balanced Approach

Instead of excessive government control, a hybrid model may be the best approach:

1. Strengthened Self-Regulation: Platforms should develop robust community standards and adhere to their own ethical guidelines.
2. Transparent Grievance Mechanisms: Independent oversight bodies can ensure fair content moderation without political interference.
3. Improved Content Classification & Parental Controls: Stronger age-verification measures can protect minors from inappropriate content.
4. Judicial Oversight for Content Disputes: Courts can intervene in extreme cases while ensuring free speech is upheld.

India’s digital content scene is at a critical Juncture as the arguments over the OTT platform regulation heats up. OTT platform have generally enjoyed creative freedom, in contrast to traditional cinema and television, which subject to meticulous censorship rules under the cinematograph act 1952, and the cable television network act, 1955. However, the ideas for more meticulous rules have popping up because of growing worries about national security, religious sensitivities, objectionable content, and disinformation. To bring the Digital content under a self-regulatory framework. the government introduced the information technology (Intermediary guidelines and digital media ethics) rules, 2021, but the main topic for discussion still is the effectiveness of these guideline.

 Proponents of more meticulous law contend that online platforms should be held responsible for the content they host and have impact on public opinion and conversation. They cite judgements in which contentious web series or videos have sparked court cases, social unrest or worries about false information. However, they emphasize that a restrictive environment could impede creative innovation and the rapidly expanding digital content economy in India. The issue that arises is finding a balance between responsible content production and free speech. platforms need to have a strong self-regulation system in place to make sure that material complies with legal and ethical requirement while also permitting artistic expression. Governments must also avoid the temptation to implement onerous regulation that can stifle dissenting opinion and creative expression.

Both ethics and freedom must be given top priority in the foreseeable future of the OTT guideline as India continues to evolve digitally. In respect to protect the public interest without suppressing the creative ecosystem, a sophisticated regulatory framework is urgently needed.

Comment: To prevent overbearing Government control and guarantee that digital platform continues to be socially responsible, a well-balanced strategy is necessary.

Author:–  SHRESHTHA SINGH, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

[1] “B. Panda, K. Kishore, et al., Over-The-Top (OTT) Platforms in the Indian Entertainment Industry: A Comprehensive Study of Digital Streaming Services, 4(12) Int’l J. Res. Pub. & Rev. 2418, 2422 (2023), https://doi.org/10.55248/gengpi.4.1223.123450 (last visited June 15, 2024).”

[2] “Internet & Mobile Ass’n of India, Report, Estimates India’s OTT Market to Reach $5 Billion by 2025 (2023), https://www.iamai.in/research/internet-india-2023.”

[3] “Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Rule 9, Gazette of India, pt. II, sec. 3(i) (Feb. 25, 2021).”

[4] “‘India’s Got Latent’ Row: FIR Against All Individuals Linked to Show, BUS. STANDARD (Feb. 17, 2025, 9:32 PM), https://www.business-standard.com/india-news/india-s-got-latent-row-fir-against-all-individuals-linked-to-show-125021701085_1.html.”

[5] Apar Gupta, The Danger of a Digital Censor Board, The Hindu, February 19, 2025, https://www.thehindu.com/opinion/op-ed/the-danger-of-a-digital-censor-board/article69234357.ece.

[6] ““Comedian Tanmay Bhat to Step Away from Association with AIB, Says Comedy Group Amid #MeToo Allegations”, NDTV (Oct. 8, 2018), https://www.ndtv.com/india-news/comedian-tanmay-bhat-to-step-away-from-association-with-aib-says-comedy-group-amid-metoo-allegations-1928627.”

[7] ““Centre Bans 18 OTT Platforms for Obscene Content,” Times of India (Mar. 14, 2024), https://timesofindia.indiatimes.com/web-series/news/hindi/centre-bans-18-ott-platforms-for-obscenecontent/articleshow/108491303.cms”

[8] ““Netflix’s 15 Most Controversial Movies, Shows and Documentaries,” The Indian Express (Sept. 4, 2020), https://indianexpress.com/photos/entertainment-gallery/netflix-most-controversial-series-movies-documentaries-6580238/.”

[9] “(2001) 6 SCC 181”

[10] “Manupatra, OTT Platforms and Censorship in India: Legal and Regulatory Aspects, Manupatra (Feb. 26, 2025), https://updates.manupatra.com/roundup/contentsummary.aspx?iid=22113.”

[11] “Arnab Ranjan Goswami v. Union of India & Ors., (2020) 14 SCC 12”

[12] “Arnab Ranjan Goswami v. Union of India & Ors., (2020) 14 SCC 12 (India).”

[13] “Aveek Sarkar v. State of W. Bengal, (2014) 4 S.C.C. 257 (India)”

[14] “Shreya Singhal v. Union of India, (2015) 5 S.C.C. 1 (India)”

[15] “Information Technology Act, 2000, § 66A (India) (repealed)””