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Westferry Times > Entertainment > Entertainment > Hays code for OTT? govt to introduce guidelines for ‘obscene’ content
Entertainment

Hays code for OTT? govt to introduce guidelines for ‘obscene’ content

Anjali Yadav
By Anjali Yadav Published October 7, 2024
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The Indian government is set to introduce new guidelines aimed at regulating content on Over-the-Top (OTT) platforms, addressing growing concerns about profanity, vulgarity, and explicit scenes. According to a report by The Times of India, the Ministry of Information and Broadcasting (I&B) is in the final stages of drafting revised regulations that will require OTT platforms to blur explicit scenes and reduce the use of profanity, even when such content is deemed essential to the storyline. These guidelines are also expected to promote alternative depictions of intimate scenes and clothing changes, reflecting a more conservative approach to content regulation.

This move comes as the government seeks to balance creative freedom with concerns about the unrestricted portrayal of “obscene scenes” on streaming services, which have been subject to criticism for allegedly promoting vulgarity and violating traditional values.

Crackdown on obscene content

OTT platforms, which provide a range of digital content including films, web series, and documentaries, have gained immense popularity in India. However, they have also faced increasing scrutiny for their portrayal of explicit content and strong language. In March, the Ministry of Information and Broadcasting took decisive action by blocking access to 18 OTT platforms that were found to be streaming vulgar content. This was part of a larger initiative by the government to bring OTT content in line with Indian laws and cultural sensitivities.

The upcoming guidelines aim to address similar concerns, creating a framework for regulating the use of offensive language and graphic visuals. The government is expected to encourage more creative and less explicit depictions of sensitive content, including intimate relationships and scenes involving nudity or sexual activity.

Extensive consultations underway

As the Ministry of I&B prepares the new guidelines, it has reportedly engaged in extensive consultations with various stakeholders, including representatives from the OTT industry, filmmakers, and social organizations. A senior official from the ministry commented on the draft rules, stating, “These guidelines are being designed to ensure they do not violate legal provisions, especially those concerning women. The rules will allow filmmakers to express their stories without breaching legal boundaries.”

The official emphasized that the goal of the guidelines is not to stifle creativity but to ensure that content is aligned with Indian values and legal requirements. The guidelines are expected to target content that could be considered obscene or offensive, particularly in terms of how women are portrayed or how sensitive subjects are handled.

No outright bans, but changes expected

The regulations, while strict, are not expected to impose outright bans on any specific content categories. Instead, they will aim to influence production practices by encouraging OTT platforms to modify how certain content is portrayed. Profane language may need to be toned down or replaced with less offensive alternatives, and explicit scenes may be blurred or edited to be more suggestive than graphic.

Intimate scenes, which have often drawn criticism for being too explicit, may need to be filmed with greater discretion under the new guidelines. Similarly, scenes involving characters changing clothes may be presented in less revealing ways, ensuring that they do not breach cultural or legal norms. The guidelines could also encourage filmmakers to find creative ways to express emotional or romantic connections without resorting to explicit visuals or vulgar dialogues.

Ensuring compliance

To enforce compliance with the new rules, the ministry is expected to closely monitor content on OTT platforms. As part of this regulatory framework, production teams could be required to include designated members responsible for suggesting alternative ways to depict vulgar dialogues or explicit scenes while maintaining the essence of the narrative. Additionally, producers may be asked to submit affidavits both to the Censor Board and the Ministry of I&B, affirming that they have adhered to the new guidelines during production.

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Producers and OTT platforms will likely have to incorporate these changes into their production processes from the scripting stage itself, ensuring that their content complies with the new standards without requiring extensive post-production modifications.

A new era for OTT regulation?

The move to regulate OTT content comes at a time when streaming platforms are rapidly growing in popularity, providing a wide range of entertainment options to audiences across India. However, the unrestricted nature of these platforms has raised concerns, particularly among conservative segments of society who feel that OTT content often crosses the line into obscenity.

This latest initiative by the Ministry of I&B reflects a desire to rein in some of the more controversial aspects of OTT content, while still allowing filmmakers and content creators the freedom to tell their stories. It is a balancing act reminiscent of the Hays Code that governed Hollywood from the 1930s to the 1960s, which also sought to regulate content deemed immoral or inappropriate for audiences.

Whether the guidelines will be accepted by filmmakers and OTT platforms, and how they will impact content creation in the future, remains to be seen. However, as the digital landscape continues to evolve, it is clear that OTT platforms will need to navigate an increasingly regulated environment as they cater to the diverse tastes of Indian viewers.

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