Legal Challenges And Regulatory Frameworks Governing Ott Platforms: A Critical Study
- IJLLR Journal
- Feb 5
- 2 min read
Mahadeva Prabhu N, Assistant Professor, Sarada Vilas Law College
Savitha HM, Assistant Professor, Sarada Vilas Law College
ABSTRACT
The rapid expansion of Over-The-Top (OTT) platforms has fundamentally transformed the landscape of audio-visual media consumption, challenging traditional regulatory frameworks that were designed for cinema and broadcast television. OTT platforms operate by internet-based delivery mechanisms, enabling cross-border dissemination of content and creating complex legal questions relating to jurisdiction, regulation, accountability, and enforcement. This paper undertakes a critical study of the legal challenges and regulatory frameworks controlling OTT platforms, with particular focus on the Indian legal regime and relevant comparative perspectives.
In India, the regulatory vacuum that once characterized OTT services has gradually been filled via executive and statutory interventions, most notably the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules introduce obligations concerning classification of content, grievance redressal mechanisms, due diligence requirements and intermediary liability. However, the evolving regulatory approach has raised significant constitutional and policy concerns, especially regarding freedom of speech and expression, censorship, proportionality of restrictions, and the chilling consequences of excessive state control. The paper critically examines whether the current framework achieves an appropriate balance between regulatory oversight and creative freedom.
The study also explores intersecting legal domains affecting OTT platforms, including intellectual property rights, data protection and privacy, consumer protection, and competition law. Particular attention is paid to challenges arising from data collection practices, content piracy, misleading subscription models, and market concentration by dominant platforms. A comparative analysis with regulatory models in the European Union and the United States highlights divergent approaches to content regulation and platform liability, offering valuable insights for reform.
The paper concludes that while regulation of OTT platforms is necessary to address legitimate state and societal interests, India’s existing framework requires greater clarity, transparency, and statutory backing. It recommends a balanced, rights-oriented, and technology-neutral regulatory model that promotes innovation while safeguarding constitutional values, consumer interests, and public morality in the digital media ecosystem.
Keywords: OTT Platforms, Digital Media Regulation, Content Moderation, Intermediary Liability, Freedom of Expression
