Rethinking the Need for Self-Regulatory Code of OTT Platforms through Analyzing Contemporary Technological Disruptions and Evolving User Behaviours

Abstract

The self-regulatory code was introduced by IAMAI in 2020 which was signed by a lot of OTT platforms but was refuted by Ministry of Information and Broadcasting, India. This paper attempts to revisit the self-regulatory code in line with technological disruptions like geo-filtering which is an improvement over existing technology of geo-blocking. The second part of this study focuses on analyzing 110 respondents from India who are users of OTT platforms in line with content breach through VPN technologies. These responses have been analyzed by using thematic analysis on qualitative coding of the responses. Both the sections have helped the authors of this paper to draw relevant key observations to improve the existing self-regulatory code and suggest notable improvements such as use of Blockchain Technology for copyright immutability and royalty automation, Artificial Intelligence and Predictive Analytics to regulate user behaviour. The study has further strengthened the point that older judicial defenses and intermediary liability cannot provide a holistic framework for these platforms. The authors have also tried to highlight the asset value of copyrights for these platforms and how the self-regulatory code in a revised form can help address legal, ethical and business considerations all at the same time. As a conclusion, while identifying the recognition of copyright as an asset under GAAP (Generally Accepted Accounting Principles), the authors of this paper strongly recommend the revisions to be made to the self-regulatory code to make it more suitable for OTT platforms exclusively dealing in video and audio services.