Abstract

The rapid proliferation of Over-The-Top (OTT) platforms has necessitated robust regulatory frameworks to address issues of accountability, content moderation, and ethical practices. This study critically examines the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in India, comparing them with established international guidelines governing digital media. The research evaluates the implications of these rules on OTT platforms, focusing on compliance challenges, creative freedom, consumer rights, and ethical considerations. Using a mixed-method approach, primary data was collected through structured interviews, surveys, and focus group discussions with stakeholders, including legal experts, OTT representatives, content creators, media professionals, and consumers. Secondary data analysis involved a detailed review of regulatory frameworks, including those from global standards like the EU Digital Services Act and the UN Guiding Principles on Business and Human Rights. OTT serves as both a medium of speech and expression and a crucial channel of communication. Consequently, in a democratic state, no private individual, institution, organization, or even the government or its agencies can claim exclusive ownership of it. Similarly, monopolies in print or electronic media are prohibited by the Constitution. The term “visual media” encompasses all non-printed forms of communication. This category is broader, more impactful, and often more influential than print media. Visual media has played a pivotal role in successful political and social movements in recent years. Yet, as with any powerful tool, its potential for harm matches its capacity for good. As a prominent and accessible form of communication, visual media has a profound impact on the masses due to its instantaneous reach and the power of imagery, encapsulated in the adage, “A picture is worth a thousand words.” In a democracy, media is regarded as the fourth pillar, alongside the legislative, executive, and judiciary, and is expected to function responsibly and rationally. The Indian Constitution implicitly guarantees freedom of the press under Article 19(1)(a).