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A transfer petition has been filed in the supreme court by the central government seeking the transfer of cases pending in different high courts with regards to the regulation of Over The Top(OTT) platforms like Amazon Prime, Netflix, Hotstar etc to the supreme court. This is a significant move because it comes amidst the indication given by the central government with respect to the regulation of OTT platforms, Which are considered to be outside the regulatory framework of the central board of film certification under cinematograph act. This transfer petition was filed through the secretaries of ministries of information and broadcasting, electronics and information technology and law and justice.
A division bench of Justices Abdul Nazeer and Sanjiv Khanna, on february 9 issued a notice to the respondents of the petition, They listed the matter to march 23rd and tagged it with another petition filed by an NGO known as ‘Justice for all’. Seeking regulation of OTT platforms. Currently, The high courts of Allahabad, Punjab and Haryana and Madhya Pradesh are considering petitions seeking regulation of OTT platforms. The Karnataka high court has rejected a similar petition in 2019 saying that the court cannot frame regulations in the nature of legislations. The Punjab high court received a petition to regulate 'Pataal Lok' series in amazon prime, the Madhya Pradesh high court rejected a PIL seeking to ban the streaming of series 'Tandav' in amazon prime, the Allahabad high court rejected a PIL seeking to ban 'Pataal Lok' and 'XXX2' series.
The government of India in november 2020 issued a notification bringing the OTT platforms under the purview of the Ministry of Information and broadcasting. Also on Tuesday Prakash Javadekar from the ministry of information and broadcasting has told the Rajya Sabha that OTT guidelines are almost ready and will be announced soon. At the same time the OTT platforms have also come up with a code of conduct which will form a basis for self-regulation
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