A Public Interest Litigation (PIL) has been presented to the Supreme Court of India, requesting the court to direct the government to establish a dedicated board, institution, or association for the effective monitoring and management of content across OTT, streaming, and digital media platforms.

The petition, filed by Advocates Shashank Shekhar Jha and Apurva Arhatia, argues that the IT Rules 2021 introduced by the Union of India and the Ministry of Information and Broadcasting (MIB) for the self-regulation of OTT platforms have proven to be ineffective.

"These unregulated portals are putting everything without any moderation and common people in India are watching the same at the comfort of their houses which could ultimately lead to various problems in coming future", the PIL states.

The petitioners argue that OTT platforms in India are misusing the right to expression granted under Article 19, thereby infringing upon the right to life of the public as protected under Article 21.

They contend that, unlike films shown in theatres which undergo a certification process before release, OTT content is not subject to such scrutiny. This lack of regulation has resulted in an increase in explicit scenes, violence, substance abuse, and other harmful content, often without adequate warnings.

"The frequent depiction of nudity, violence, alcohol consumption, smoking, and drug use on OTT platforms, often without appropriate blurring or warnings—requirements that are otherwise mandatory for theatrical releases or television—demonstrates the extent to which these platforms are exploiting the absence of regulatory oversight..", the court has been told.

The plea also submits that the OTT medium has become a vehicle for promoting substances that are prohibited from advertising, such as gambling, liquor, drugs, and smoking, by exploiting regulatory loopholes.

"..lack of a certification board for OTT platforms creates an unlevel playing field between traditional media (cinemas and television) and digital streaming services. While the traditional media is subjected to stringent regulations, OTT platforms on the other hand operates in a largely unregulated environment, allowing them to bypass content restrictions that are otherwise mandatory for other media. That this lack of regulatory parity is arbitrary and unjustifiable", the PIL adds.

The petition argues that the absence of a monitoring body has led to a deterioration in the quality of content on OTT platforms, with language becoming more colloquial and visuals and dialogues increasingly cruel and barbaric. Additionally, the plea references the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and the Drugs and Cosmetics Act, 1940, as well as various government guidelines that require health warnings about the consumption of tobacco, alcohol, and drugs in media content. These regulations are either not being adhered to or are inadequately enforced on OTT platforms.