OTT Platforms: Why They Don’t Require Government Permission or License

In recent years, Over-The-Top (OTT) platforms have revolutionized the way we consume entertainment. With the rise of streaming services like Netflix, Amazon Prime Video, and Disney+, viewers now have access to a vast library of movies, TV shows, and original content at their fingertips. But have you ever wondered why these platforms don’t require any permission or license from the government?

The answer lies in the regulatory framework and the nature of these platforms. OTT platforms are not TV channels in the traditional sense. They operate over the internet, delivering content directly to viewers’ devices without the need for a cable or satellite connection. This distinction is crucial because it determines the regulatory requirements imposed on these platforms.

In India, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has clarified that OTT platforms are not subject to the same regulations as traditional TV channels. According to TDSAT, OTT platforms fall under the realm of the internet, which is governed by the principles of net neutrality. Net neutrality ensures that all internet traffic is treated equally, without any discrimination or preferential treatment.

Since OTT platforms operate over the internet, they are considered as an extension of the internet itself. As a result, they are not required to obtain any specific permission or license from the government to offer their services. This freedom allows OTT platforms to innovate and offer a wide range of content to their subscribers without being tied down by regulatory constraints.

However, this does not mean that OTT platforms are completely unregulated. While they may not require a government license, they are still subject to certain guidelines and self-regulatory mechanisms. For instance, platforms like Netflix and Amazon Prime Video have adopted a self-regulatory code of conduct to ensure that their content adheres to certain standards of decency and does not promote hate speech, violence, or any form of discrimination.

Furthermore, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, introduced by the Ministry of Electronics and Information Technology, provide a regulatory framework for OTT platforms. These rules require platforms to classify their content into different age-based categories and implement parental controls to protect minors from inappropriate content.

Overall, the lack of government permission or license for OTT platforms is a testament to the freedom and flexibility of the internet. It allows these platforms to thrive and cater to the diverse preferences of their viewers. At the same time, the self-regulatory measures in place ensure that the content offered by OTT platforms is responsible and in line with societal norms.