Digital Content & Streaming

OTT platforms in India are governed by the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended), which impose a three-tier self-regulatory framework for online curated content. Platforms must classify content by age rating, display content descriptors, implement parental access controls, and appoint a grievance officer and a content moderation team. The rules also require platforms to participate in a self-regulatory body (Level II) and are subject to oversight by an inter-departmental committee (Level III). The new accessibility standards require OTT platforms to make content accessible to persons with disabilities. Separately, FDI policy, consumer protection rules, and the DPDP Act apply to OTT operations.

Digital Rights Management (DRM) refers to technologies that control access to and use of digital content, preventing unauthorised copying, redistribution, and modification. For content owners and platforms, DRM is essential for protecting the commercial value of digital distribution. Circumventing DRM is prohibited under the Copyright Act (the technological protection measures provision), and we have obtained the first court order in India on TPM circumvention. DRM terms should be addressed in licensing agreements, specifying what protections the platform must implement, what happens if DRM is breached, and the licensor’s audit rights over the platform’s security measures.

Under the IT Act’s safe harbour provisions, platforms are generally not liable for user-generated content provided they comply with the intermediary guidelines, including publishing terms of use that prohibit unlawful content, acting on takedown requests within prescribed timelines, and not knowingly hosting infringing or unlawful material. However, if a platform exercises editorial control over content, curates or recommends content in a way that suggests endorsement, or fails to act on a valid complaint, it may lose safe harbour protection and face direct liability. The line between passive hosting and active curation is increasingly scrutinised by courts and regulators.