By Anil Merani: The recent FIR against Ekta Kapoor and her mother, alleging the production of objectionable content involving minors, has sparked an urgent need to address the issue of bold content on OTT platforms.
I will not comment on the above case as it is subjudice, but I will try to comment broadly.
With the rise of OTT, a significant shift in content norms has been observed. Unlike traditional TV, where strict broadcast codes prohibit any form of intimacy, most OTT series now feature nudity and lovemaking scenes.
OTT gets away as there is no censorship of digital content, only self-censorship, which is not legally enforceable. Each player/platform can have a different norm.
E.g. Netflix India allows frontal nudity, while YouTube is more family-viewing.
In light of the carte blanche given to OTT, the government needs to make film censor laws more relaxed.
The digital industry continues to bat for self-censorship. Still, the above case and the other case involving Shilpa Shetty’s husband Raj Kundra’s alleged pornography have made it critical for the govt to have some norms to govern digital content.
Regulating digital content cannot be overly conservative, but it also cannot be a free-for-all. It must strike a balance that respects the changing attitudes of today’s youth.
In collaboration with OTT players, the government must create a law specifying what can and cannot be allowed. This will be challenging, as what you define as obscene differs widely. One big argument always thrown in the face of censorship is aesthetic display vs vulgarity.
Also, the government must set laws prohibiting minors from acting in such genre shows
Certain production houses have intimacy experts who ensure actors are comfortable while shooting, but will such extra costs work on budget channels?
There will also have to be some authority over who artists and viewers can complain if they feel their rights/sensibilities are violated while shooting/watching such content.
There will have to be clear-cut punishments for violations and an appeal process.
Furthermore, all OTT series should follow Netflix norms and make contracts stipulate that there will be nudity involved hence, the actors should be aware of what they are getting into.
Artists should be informed upfront about the level of boldness in the content, ensuring they can make an informed choice and promoting transparency in the industry.
The biggest problem here is how to prevent minors from accessing such content. Today, everyone has a smartphone with a 5g capability. At least on TV, parents can see what their kids are consuming.
Can Netflix’s option of a child lock be one way forward?