Regulating the Unregulated Video-on-demand Platforms in India

Ravi Singh Chhikara & Abhinav Arora

The exponential growth of popularity of video-on-demand platforms has brought a new regulatory challenge for the legislature. This paper ultimately advocates that it is high time that the government of India takes a paternalistic role and enacts a different pre-publication regulatory framework for video-on-demand platforms. The paper first clarifies the real intention behind the regulatory policies for motion pictures in the Indian context. It then throws light on the real test to determine whether the content should be regulated or not. Further, the paper elucidates how the pre-publication regulatory framework would prove better than the post publication regulatory framework. It then examines the possibility of reasonable restrictions under Article 19(2) of the Constitution of India, 1950. It clarifies how the not regulating the VOD platforms is violative of Article 14 of the Constitution of India, 1950. In the light of this, the article gives the possible solutions to the existing loophole. 

Cite as : Chhikara RS and Arora A, “Regulating the Unregulated Video-on-Demand Platforms in India” (2021) I DNLU Student Law Journal <https://dnluslj.in/regulating-the-unregulated-video-on-demand-platforms-in-india/>

 

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