Madhya Pradesh HC issues notice to Netflix, Amazon and others in plea to regulate online streaming services

The Madhya Pradesh High Court has issued notice to platforms such as Netflix and Amazon that offer online streaming services, in PIL seeking the regulation of uncensored, uncertified and unregulated online content. The plea also seeks the removal of explicit and illegal content from these platforms..The Bench of Justices SC Sharma and Shailendra Shukla issued notice in the plea filed by an NGO, Maatr Foundation seeking to regulate online content made available by 11 entities i.e. Balaji Telefims, Netflix, Amazon Prime, Ullu, Viacom 18, VIU, Hoichoi, Yash Raj Films, Zee Entertainment and U Digital Content Private Limited. The petitioner was filed filed through Advocates Amay Bajaj, Ashi Vaidya, Paritosh Shrivastava and Anmol Kushwaha..As per the petition, these media content streamers are broadcasting content that is “obscene, unregulated, uncertified, sexually explicit, vulgar and legally restricted.” The plea further highlights that such content is easily accessible by the public at large, including children below the age of 18 years. The petitioner contends that,.“These content streamers are not only objectifying women but also showing them in bad light and are filling the minds with lascivious thoughts which is violative of their fundamental right to live with dignity.”.The petition was filed after queries made under the Right to Information Act to Central Government authorities failed to yield any satisfactory response. The petitioners state that the Union Ministry of Information and Broadcasting as well the Central Board of Film Certification has informed that the regulation of content streamed online falls beyond their jurisdiction..“….hence the content is not being censored or priority examined by any concerned authority”, the petitioner points out..All the same, it has been asserted that the online streaming companies are expected to observe due diligence under the nformation Technology (Intermediaries guidelines) Rules 2011. The petitioner contends that the companies offering online streaming services are responsible as intermediaries for offences under Sections 67, 67A and 67B of the Information Technology Act 2000. Further the objectionable, obscene content on these platforms also fall afoul of Sections 292-294 of the Indian Penal Code, the Indecent Representation of Women (Prohibition) Act, and Articles 21 and 51A (e) of the Indian Constitution, the petitioner argues..In view of these contentions, the petitioner has prayed that the Court issue directions to frame guidelines to regulate the content on online streaming platforms, apart from ordering the removal of all explicit and illegal content. The petitioner has also called on the Court to issue directions so that “Internet Media Content Streaming” falls under Section 2 (c) of the Cinematograph Act, 1952.The matter is expected to the taken up next in December..[Read the Petition].Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.