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Netflix, Hotstar to start self-regulation of content in India?

Currently, the Indian law did not permit of censorship of online content or on streaming platforms.

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Netflix Inc and its India-based rival Hotstar might start self-regulation of content soon. Citing sources, a Reuters report stated that Netflix and Hotstar plan to adopt self-regulation guidelines for content streamed on their platforms in India in an effort to prevent potential government censorship. 

Currently, the Indian law did not permit of censorship of online content or on streaming platforms.

Netflix move came after in 2018 it dragged into a legal battle over its show Sacred Games. The battle raised concerns in the industry that the government could, at some point, look at regulating content on online streaming platforms.

A draft of an unofficial code that would be adopted by Netflix, Hotstar and other local players, seen by Reuters, said that the platforms would prohibit content that shows a child “engaged in real or simulated sexual activities”, is disrespectful of India’s national flag or encourages “terrorism”.

The report further stated that Amazon Inc’s Prime Video would not sign the code, though it helped draft it, as the company does not want to act in the absence of government-mandated regulation, one of the sources said.

Subho Ray, President of the Internet and Mobile Association of India, which drafted the code with industry consultation, said it would be made public on Thursday, and the final version would include changes when compared to the draft.

Amazon Prime Video said in a statement it is assessing the situation but believes “the current laws are adequate”. 

The draft code also said that companies which sign it would bar content “which deliberately and maliciously intends to outrage religious sentiments of any class, section or community.”

The companies would also internally appoint a person, team or department to receive and address any “consumer-related concerns and complaints”, the draft document added.

“It is a welcome move to form guidelines but in no manner should they be restrictive to expression or creative freedom,” said Vikram Malhotra of production house Abundantia Entertainment, which has worked on an Amazon Prime show.

The companies continue to face legal challenges. A local non-profit group, Justice For Rights Foundation, late last year filed a case against Amazon Prime Video, Netflix and Hotstar for showing sexually explicit content and demanding a regulator for online content, its founder Satyam Singh told Reuters.

The case would next be heard in February.

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