Tandav row: Govt's guidelines for OTT platforms have 'no teeth', says SC

While granting interim protection from arrest to Amazon Prime Video's India head Aparna Purohit, the apex court said that law has to be framed to put in place a mechanism to control OTT platforms

Supreme Court on Friday said the the new guidelines of the government on regulating OTT platforms like Netflix and Amazon Prime Video have "no teeth" as there is no provision of prosecution against digital platforms showing inappropriate content.

While granting interim protection from arrest to Amazon Prime Video's India head Aparna Purohit in FIRs lodged over web series Tandav, the apex court said that law has to be framed to put in place a mechanism to control OTT platforms instead of mere guidelines.

Supreme Court issued notice to Uttar Pradesh government on Purohit’s plea for anticipatory bail in FIRs on Tandav series and asked Purohit to co-operate in the ongoing investigation. The court also directed Purohit to make Centre as a party to her plea.

Centre's regulations on social media mere guidelines, they do not have provision for action against digital platforms,  observed the bench comprising justices Ashok Bhushan and R S Reddy

Solicitor General Tushar Mehta, appearing for the Centre, said the Government will consider appropriate steps and any regulation or legislation on it will be placed before court.

Tandav is a nine-episode political thriller starring Bollywood A-listers Saif Ali Khan, Dimple Kapadia and Mohd Zeeshan Ayyub.

Purohit has been accused of inappropriate depiction of Uttar Pradesh police personnel, Hindu deities and an adverse portrayal of a character playing the prime minister in the web series.

The Supreme Court on Thursday said that few over-the-top (OTT) platforms show some kind of pornographic content at times, and there should be a mechanism to screen such programmes.
 

“A balance has to be struck as some OTT platforms are also showing pornographic materials on their platforms,” the bench had said.

On Thursday, senior advocate Mukul Rohatgi, appearing for Purohit, termed the case against her as “shocking” saying this woman is an employee of Amazon and she is neither a producer nor an actor but still she has been made an accused in around 10 cases relating to the web series across the country.