Amidst growing concerns around lack of transparency, accountability and right of users related to digital media, a new set of guidelines are introduced by the government.
The new framed rules are a part of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, released by IT Minister Ravi Shankar Prasad and I&B Minister Prakash Javadekar. These rules have been framed and notified under the existing Information Technology (IT) Act, the administrative powers for regulation of OTT and digital news sharing platforms shall be under the Ministry of Information and Broadcasting (I&B).
Here are some general guidelines for classfiication of films and other entertainment programmes, including web based serials under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
There are general factors that may influence a classification decision at any level and in connection with any issue.
- Context: Curated content may be considered in the light of the period depicted in such content and the contemporary standards of the country and the people to which such content relates. Therefore, the context in which an issue is presented within a film or video may be given consideration. Factors such as the setting of a work (historical, fantasy, realistic, contemporary etc) the manner of presentation of the content, the apparent intention of the content, the original production date of the date and any special merits of the work will influence the classification decision.
2.Theme: Classification decisions may take into account the theme of any content, but will depend significantly on the treatment of that theme, especially the sensitivity of its presentation. The most challenging themes for examples drug misuse, violence, paedophilia, sex, racial or communal hatred or violence are unlikely to be appropriated at the junior levels of classification.
3.Tone and Impact: Curated content may be judged in its entirety from the point of view of its overall impact. The tone of content can be an important factor in deciding the influence it may have on various groups of people. Thus, films/serials that have a dark and unsettling tone may receive a higher classifications. Other tonal considerations that might have an influence on classification include the extent to which the content presents a view of the world that is anti-life, pessimistic, or despairing or the extent to which transagressive or harmful behaviour is condoned or made to appear normal.
4.Target Audience: The classification of any content will also depend upon the target audience of the work and the impact of the work on such audience.
The largely unregulated sector of OTT platforms such as Netflix, Amazon Prime, Hotstar, Youtube will now follow a three-tier regulation mechanism and are required to self-classify their content into five categories based on age suitability as well. There are presently around 40 unregulated platforms who will have to follow the new guidelines inorder to generate content online. Intermediaries are also asked to set up stronger grievance redressal mechanisms, and appoint executives to coordinate with law enforcement in India.
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