Petition Filed In Delhi HC Alleging Objectionable Content On Hotstar, Notice Issued

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In an order issued on November 11, the High Court of Delhi directed the Centre to examine whether objectionable content, including soft p**nography was being made available for download from Hotstar.com.
Justice Sanjeev Sachdeva issued notices to Star India and its subsidiary, Novi Digital Entertainment Pvt. Ltd., seeking their reply on a petition filed by Un-canned Media Pvt. Ltd., alleging that Hotstar was operating an illegal Internet Protocol Television (IPTV) distribution platform without following the uplinking and downlinking guidelines.
Notices were also issued to the Ministry of Information and Broadcasting and the Ministry of Communication and IT, seeking their response on the allegations that they were negligent in regulating content provided on the IPTV platform website Hotstar.com.

Responding to the allegations, a statement issued by Hotstar stated, “We have been served with a copy of the Hon’ble Delhi High Court’s order dated November 11, 2016 and the pleadings basis which the order came to be passed. While it is not our practice to comment on matters which are sub-judice, we are compelled to provide certain factual clarifications at this stage. Hotstar is a leading destination for the consumption of entertainment and sports content. Hotstar absolutely does not provide any kind of p**nographic content. The pleadings proceed on the basis that Hotstar is an IPTV service provider which is entirely incorrect. Like many others, globally and locally, like YouTube, Netflix, Voot, NDTV and Indiatimes, Hotstar is a video streaming platform providing content on demand. In any event, as the order has directed the MIB / DOT to look into the matter in accordance with law, we find no irregularity in providing these factual clarifications at this stage.”


Petition Filed In Delhi HC Alleging Objectionable Content On Hotstar, Notice Issued [Read Order] | Live Law
 
Examine if soft p**n being shown on hotstar: Delhi High Court to Centre

The Centre has been asked by the Delhi High Court to examine the allegation that objectionable content, including soft p**nography, was being made available for download from
hotstar.com website, run by a subsidiary of Star India Pvt Ltd, and take appropriate action.

Justice Sanjeev Sachdeva issued notice to Star India and its subsidiary, Novi Digital Entertainment Pvt Ltd, seeking their reply to a plea alleging that they were operating an illegal Internet Protocol Television (IPTV) distribution platform without following the uplinking and downlinking guidelines.

Besides the two companies, the court also sought response of the
Ministry of Information and Broadcasting and the Ministry of Communication and IT for allegedly not regulating content provided on the IPTV platform website hotstar.com.

The court directed the ministries to "look into the issue and, in case, the content, being made available through the website hotstar.com is objectionable or prohibited, appropriate action shall be taken by them in accordance with law".
The court's direction came on a plea by Un-Canned Media Pvt Ltd, alleging that the two companies in connivance with each other, have been operating an illegal distribution platform, by illegally providing content through their hotstar IPTV platform in violation of the guidelines stipulated under the applicable laws.

It has contended that the company, which owns and operates digital properties like hotstar.com, is not being regulated by the ministries, in as much the contents being provided on the website is uncensored and uncontrolled by them.

Un-canned Media claimed the objectionable content was being made available for download by the companies.
"Some instances have been pointed out whereby it is contended that even soft p**nography is also being permitted to be downloaded from the services being provided by the firm on its website hotstar.com," the court noted in its order.

Official Statement from Hotstar
“We have been served with a copy of the Hon’ble Delhi High Court’s order dated November 11, 2016 and the pleadings basis which the order came to be passed. While it is not our practice to comment on matters which are sub-judice, we are compelled to provide certain factual clarifications at this stage. Hotstar is a leading destination for the consumption of entertainment and sports content. Hotstar absolutely does not provide any kind of p**nographic content. The pleadings proceed on the basis that Hotstar is an IPTV service provider which is entirely incorrect. Like many others, globally and locally, like YouTube, Netflix, Voot, NDTV and Indiatimes, Hotstar is a video streaming platform providing content on demand. In any event, as the order has directed the MIB / DOT to look into the matter in accordance with law, we find no irregularity in providing these factual clarifications at this stage.”


http://m.economictimes.com/news/politics-and-nation/examine-if-soft-p**n-being-shown-on-hotstar-delhi-high-court-to-centre/articleshow/55477765.cms
 
I&B Ministry: We are not considering censorship of Hotstar and Netflix

In response to an RTI application, the Ministry of Information and Broadcasting categorically said that they weren’t looking to censor online content.
In the RTI application (filed by me), the ministry was asked if it had the power to carry out censorship of TV shows and films distributed by services such as Hotstar and Netflix; and if not, whether the ministry was considering making rules that would allow them to do so. In their response, the ministry said that they do not have the power to censor any content online, and that they are “not pursuing the creation of a regulatory framework” that would allow them to have any online censorship powers.
India doesn’t have any regulations for censorship of films and TV shows online. In spite of this, large TV-on-demand players like Google Play and iTunes have been censoring all titles on their Indian catalogues. Netflix’s entry in the Indian market was the first time a large streaming company offered both Indian and non-Indian titles uncensored. Hotstar Premium was the second large player to do this, with uncensored shows and films from HBO and 20th Century Fox, among others.
A case was recently filed against Hotstar in the Delhi High Court alleging that the service was
streaming “soft p**n”, a claim that the service’s parent company Star India has denied. The High Court has asked the ministry to look into the claims, raising concerns that online censorship regulations might come about as a result. At least for now, the statement from the I&B ministry indicates otherwise..

I&B Ministry: We are not considering censorship of Hotstar and Netflix - MediaNama
 
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