The natural environment and its well-being is very important for human beings and all the communities which resides since nature is a very integral part and it provides a clean, healthy and functional environment which are essential for enjoyment of human rights such as right to life, right to food, right to water, right to better health and right to good standard of living. Nature is also important for providing mankind places for recreational and spiritual enjoyment along with protecting from floods, fire and various other natural calamities.

The relation or the direct link between human rights and environment is a debatable topic, however it cannot be denied that the adverse effects on the environment are thus somehow related to proper enjoyment of human rights. This topic is basically a conceptual and legal framework wherein international human rights and their relation with global warming and other environmental issues are identifies, analysed and addressed in order to find a solution.

It is not hidden that with the passing time and with the over exploitation of natural resources to a very great extent, the species of planet earth are being exposed to a very greater threat. The biggest, most dangerous and pervasive threat to natural environment is anthropogenic climate change, which means climate change due to human actions and intervention. This threat has already begun far reaching impacts on nature such as adverse effects on wildlife, natural resources, environmental degradation, direct threat to human lives, denial of access to clean water, food and other resources that support the life.

According to the Intergovernmental Panel on Climate Change (IPCC)’s Fifth Assessment Report (AR5), a detailed picture as to how the observed and predicted changes will adversely affect millions of people, the ecosystems, and the natural resources has been provided[1]

The right to life which is universally recognized as fundamental human right, yet, every year, around 150,000 premature deaths are being linked to climate crisis – a number set to increase with rising temperatures.[2].

Human rights implications of climate change

1)      Adverse effects on climate

Starting from water resources to land resources, everything is getting over exploited to a very large extent and leading to scarcity of water, competition for water for agricultural an housing purposes, struggles with daily chores due to unavailability of adequate water, especially in dry and arid regions. Tree deaths, leading to deforestation which has very significant impacts on climate, biodiversity, flora and fauna, quality of water and not only these but it also gives rise to increased chances of drought and high temperatures. The climatic change has created an impact on food production as well, thus impacting crops and other sources of food and posing a threat on food production and security in the world.

The rights which are affected here are:-

Right to food, right to an adequate standard of living, right to food, right to water and sanitation, right to health etc.

2)      Effect on settlements.

The extreme changes in the phenomena related to climate such as increase in sea levels, storms, drought, pollution etc. has created an impact on the health, livelihood and economies of people in both urban and rural areas. Change in climate affects water, agricultural income in rural areas. Due to the effects of adverse climate, many risks has been imposed as people have started living in hazardous areas risking their lives.

The rights which are affected here are:-

Right to housing, right to food, right to property, right to water and sanitation etc.

3)      Effect of climate change on health and security.

The livelihood of people is affected by the hazards of climate and extreme weather changes resulting in loss of yield of crops, impact on natural resources, properties. This gives rise to problems such as poverty, instability of political aspects, and also affects the ability to adapt to changes. Thus a good climate is very necessary to maintain proper health and job security and thus not being able to face any form of deprivation or inequality. Climate changes also make people migrate due to extreme conditions and thus giving rise to problems such clash of cultural and political ideologies, and also violent conflict.

The rights which are affected here are:-

Right to life, right to health, right to nationality, right to good standard of living etc.

THE CONCEPT OF MITIGATION AND HUMAN RIGHTS

It cannot be denied that the concern for the great threat imposed on the natural environment is very important and thus proper measures are required by the concerned authorities in order to tackle the problem.

Mitigation is basically the measures taken in order to regulate and moderate the environmental impacts. The process of addressing the changes in environment due to anthropogenic action and following some hierarchy and methodology to overcome it is what mitigation all about.

The response of governments and other concerned authorities to the challenges imposed affects human rights and their enjoyment to a very large extent. Although the mitigation techniques such as effective use of energy, solar plants, hydroelectricity etc. are planned to be done with good faith and for the betterment of society at large but at the same time these mitigation techniques also infringes certain human rights of the individuals.

Some violations are discussed below:-

1.      Hydroelectric Projects: The initiation of these projects often makes it very difficult for the local people and they’re even made to leave their home and native place and it also affects the livelihoods of people living there.

2.      Bio-fuel Projects: It gives rise to problems such as shortage of food, scarcity of water, deforestation, displacement of local people and also a bad effect on the ecosystem.

ADAPTATION AND GEOENGINEERING

In order to get successful with any of the project, the proper implementation of adaption measures so that is does not interferes with human rights is important. The main idea here is to protect the interest of human kind and not violate them by not taking corrective measures.

Geoengineering is large scale manipulation of natural resources in order to mitigate the effects of climate change such as solar radiation management, it is to be noted here that that these projects can severely interfere with the human rights for a very large number of people and thus again creating a problem.

Mitigation techniques followed should be designed accordingly so that the human rights are kept protected and not violated.

CONCLUSION

It is very important to keep in mind that the nature fulfills every need of mankind and thus it is very important to keep the Mother Nature healthy. The increased consequences and threats rising due to climate change are ought to be kept in check in order to lead a healthy life. It is the need of the over to stop overexploitation of the natural resources and to do something to for the sustainable development of the environment, then only the nature will be fulfill the demands and necessities of the communities residing on earth.

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                    -PETER DRUCKER

INTRODUCTION

An OTT or Over The Top media service is a direct streaming service, which basically delivers audio and video streaming content through the internet without subscribing to a traditional satellite services provider. There are three types of OTT – Communications, Video content, and Application ecosystem. Two broad categories of OTT services are communication and non-communication. Some of the most popular OTT video streaming video platforms include Hotstar, Netflix, Amazon Prime Video, Hulu, Zee5, Voot etc. and audio streaming services include apple music, Spotify etc.

HISTORY AND GROWTH OF OTT IN INDIA

It is known to everyone that the primary source of entertainment in the Indian household was the Television. The entire family’s recreation was based on Television and which was restricted to either daily soaps, sports or news. But the scenario has changed to a very large extent and the digital content is growing in the country. In the last few months, there has been a paradigm shift in the OTT market resulting in changes in daily entertainment consumption pattern in India. The popularity of OTT platforms is not only restricted to urban areas but has become very popular in the rural areas as well.

The first dependent Indian OTT platform was Bigflix which was launched in 2008 by Reliance entertainment. In India, significant momentum was gained by OTT when Ditto TV and Sony Liv were launched in the Indian market around 2013. Hotstar, owned by Star India is the most subscribed to OTT platform in India, as of July 2020 with around 300 million active users and over 350 million downloads. The Indian OTT space is populated by many players. In 2018, the OTT was valued at ₹21.5B. The video OTT revenue in India was ₹2,019 Cr. in 2017. It is expected to reach ₹5,955 Cr. by 2022.[1] It is also reported that the Indian OTT market will soon outperform the global OTT market and will probably be ranked among the top 10 by 2022.

The factors that have helped in this growth and success of OTT platforms are pricing of these platforms and internet access to people, even staying in rural and remote areas. These factors have helped a lot in the popularity of the OTT platforms.

Although the negative repercussions going on because of the ongoing lock down amid the corona virus pandemic cannot be ignored but it has been a blessing in disguise for some. OTT platforms have benefited a lot from the current situation going on in India. There has been a surge of 80% in the subscriber bases of OTT platforms amid the lock down.[2]

REGULATIONS APPLICABLE ON OTT PLATFORMS

The rapid growth of OTT services has raised a number of national policy issues relating to regulatory imbalances and security concerns that need to be addressed. The regulatory imbalances need examination at various levels by the government. The OTT operators are adopting voluntary codes of self-regulation with respect to the content shown on their platforms. Code of best practices was signed by some of the famous OTT platforms in the country namely Hotstar, Netflix, ALT Balaji along with other in the year 2019. The major objective of this code is to empower consumers to make informed choices on age appropriate content and also protect the consumers’ interests in choosing and accessing the content they like as per their own time and convenience.

It is known to everyone that films in the country are required to follow certain certification rules and television programs’ broadcasters must adhere to the Program and Advertising code, on the other hand the producers of web series, films and other various content released only online or on digital platforms are free from the struggle of censorship or any code, which are subject to provisions of Information Technology Act, 2000 since a very long time. This was confirmed by the Ministry of Information and Broadcasting when a query was filed under RTI Act, 2005 where it was confirmed that the Central Board of Film Certification has no control over online content but solely certifies movies for theatrical release.[3]

CONTENT BASED REGULATION

According to sections 67A, 67B, and 67C of IT Act provides a penalty and imprisonment for publishing or transmitting obscene material, sexually explicit material or material showing children in sexually explicit acts, in electronic form. The Central Government has the power to issue directions to block public access of any information, if found objectionable as per section 69A of the IT Act. It was also seen in 2015, when the Department of Telecommunications directed intermediaries to disable around 800 websites containing pornographic material, however it was later clarified that only websites having child pornographic content is to be disabled by the intermediaries and not the others. The framework and provisions under the Intermediary Guidelines which were laid by the Department of Electronics and Information Technology to observe the information hosted on any computer of intermediary is also applicable on OTT platforms, which qualifies as intermediaries under the IT Act.

Furthermore, the provisions of the Indian Penal Code, 1860 are also applicable to the OTT platforms. For example, OTT platforms are subject to section 295A of the IPC which criminalizes deliberate and malicious acts intended to outrage religious feelings.

Recently, there also have been suggestions to include online content explicitly within the ambit of the Indecent Representation of Women (Prohibition) Act, 1986 to prohibit the indecent representation of women in various books, films, advertisements etc.

NEED TO REGULATE OTT PLATFORM

Until present time, it generally appears that online content is unbridled and the creators of the content are exercising their liberties to the fullest. However, it is not correct to conclude that the OTT platforms are free from censorship or absolutely unregulated just because there is no set of rules and guidelines to focus upon the manner of censorship or certification of the online content or certain rules highlighting the do’s and don’ts for the creators of online content.

A Consultation paper was published by the Telecom Regulatory Authority of India (TRAI) on November 2018 to regulate framework for OTT platforms in the country. The Consultation paper mainly focussed on the analysis of the growth of OTT platforms, to keep a check on the relationship between TSP and OTT players and also to maintain a rigid framework to be followed to regulate OTT platforms. This Consultation paper was considered important because of imbalances between TSP and OTT service providers, especially when the use of OTT platforms took a surge and its popularity increased to a very great extent.

SOCIOLOGICAL FACTORS AFFECTING CONTENT REGULATION ON INTERNET MEDIUMS

The arrival of Web 2.0 has revolutionized India in many ways. The reception of information through the digital medium has expanded manifold in recent years. The Internet is seen as a new liberation force driving ideas, thoughts and content across border and societies. It has led to the emergence of new actors and allowed consumers to be charge of selecting the content they want to receive and view. The internet has revolutionized the means of communication and exchange of information. It has brought to the forefront a new medium of expression.

User-generated content has proliferated across online video portals. Internet Protocol Television (IPTV) and OTT services fundamentally changed the broadcasting sector. The Internet has brought about a new wave of content, providing consumers with the freedom to choose the time and space for the reception of the content. Video streaming services create a more engaging environment. But the shift from cable television to OTT services has forced regulators to think about the patterns of regulation that most fit this new form of broadcasting.

OTT services do not have one universally accepted definition. The Internet Telecommunication Union (ITU) defines OTT service as an “internet application that may substitute or supplement traditional telecommunication services, from voice calls and text messaging to video and broadcast services.” [4]The Indian communications regulator, Telecom Regulatory Authority of India (TRAI), also borrows the same definition as mentioned above.

The Indian government and other regulatory bodies have not tried to adjust policies to the change in technologies. The debate in India about digital content regulation has varied between calls for state censorship and self-regulation.[5] The dilemma that authorities have been faced with is whether to subject the OTT media platforms to broadcast or films policies or to include it in the larger internet regulation frameworks.

RECENT ISSUES AND REGULATIONS ON OTT PLATFORMS

Recently, Commerce and Industry Minister Piyush Goyal asked the entertainment industry to self – regulate their programmes on OTT platforms as they portray India poorly.[6] His statement is significant, the reason being that the government’s proposal of an institutional self-regulatory model, just like conventional media, which was rejected by most of the OTT platforms.

The Information and Broadcasting (I&B) Ministry has just recently proposed bringing under its purview the contents being streamed on the several OTT platforms as said by a top official of the ministry.[7] It was said that the regulation regimes have developed a lot but popular platform like OTT is unregulated by such regime and also has no regulations over it. Since the usage of OTT platforms have witnessed a huge increase in their subscription amid the lock-down, therefore it important for them to be regulated under the regimes.

Apart from this, last year, Chief Minister of Bihar, Nitish Kumar, wrote a letter to the Prime Minister stating that the OTT platforms are responsible for the spike in violence and crimes against women and children, therefore the content should be censored. In his letter, he also suggested an amendment to the Cinematography Act of 1952 which does not clearly define “public exhibition” of films and whether certificate is needed for private browsing.[8]

CONCLUSION

The need of a proper framework of rules and regulations is very important for the OTT platforms at this time, keeping in mind the increasing popularity of these platforms. The display of obscene or sexual explicit material on these platforms might create a bad influence on the young minds, therefore regulation is necessary. With the surge in the subscription base of these platforms, other industry players and stake holders might have a clash with the OTT platforms and thus to keep that in check a proper and effective framework of rules and guidelines should be made for these platforms.

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“If freedom of speech is taken away, then dumb and silent may be led, like sheep to the slaughter”.

–          George Washington

INTRODUCTION

Cinema has always grabbed the attention of millions of masses across the world. Cinema is a creative expression of ideas, stories and sometimes opinions. Apart from cinema, there does not seem to be any other medium of expression which influence lives to this extent and is a part of daily lives. It has been one of the most potent tools of expression from many decades. Cinema is not only one of the most pivotal sources of entertainment and information but also plays a role in the daily lives of people and impacts mind and hearts of many people to a very great extent. Cinema not restricts itself to only people of a certain age group but caters to people of all the age groups, be it children, teenagers, adults, or old people and is cherished by everyone.

Cinema plays an important role in the social perspective as it very significantly portrays beliefs, ideas, cultures, perceptions, ideologies etc. therefore proper supervision is very important for cinema. India is the largest film industry in the world producing more than 900 movies every year.

CINEMA AND LEGAL FRAMEWORK

FREEDOM OF SPEECH AND EXPRESSION

Freedom of speech and expression is a fundamental right guaranteed to all the citizens residing within the territory of India under Article 19(1) (a) of the constitution. It gives the ability to take a step forward and voice their opinion to the citizens from every corner of the country. This right gives the power of thinking to the citizens and also the privilege of putting forth their ideas and their views and also encouraged by others for them.

Article 19(2) of the constitution imposes reasonable restrictions on this right. These restrictions are within the ambit of this article in the interests of the sovereignty and integrity of India, the security of the state, friendly relations with the foreign states, morality, defamation or incitement to an offence.

SIGNIFICANCE OF FILM CENSORSHIP

When the media uses the rights allotted to them under Article 19(1) (a) of the Indian Constitution, it becomes very important to scrutinize and review the product before it reaches to the public. The combination of audio and visuals influence a great number of mass of people and they get carried away, therefore proper checking is important.

The process of film censorship or certification basically means the last stage examining of a film as it is decided whether a particular movies is fit to release for the spectators or not or what sort of elimination and moderation should be done in the movie before releasing it for the audience. It is very important to confirm that there shouldn’t be any part in movie which by any means can harm the mental state and stability of the audience and traumatize them or provoke them to do something disturbing.

FILM CENSORSHIP IN INDIA

The Central Board of Film Certification (CBFC) is a legal censorship body formed established under the Ministry of Information and Broadcasting, Government of India. The board has the authority of controlling the public presentation of movies as per the provisions of Cinematography Act, 1952.

The Cinematograph Act 1952 includes various provisions regarding the process of functioning and framework of the CBFC and also deals with various directions to be followed to certify films. The CBFC has divided itself into the Examining and Revising Committees to grant a better jury for the certification of the films.

The CBFC has to ensure that a film complies to the following requisites before it is screened:-

1.      The medium of the movie is answerable and sensitive to the societal morals and standards.

2.      Artistic expression and the liberty of creativity are not excessively restrained.

3.      Certification is responsive to social changes.

4.      The movie provides clean and healthy environment.

5.      The film is of aesthetic value and of good standards.

When all the above mentioned conditions are complied with  as per the Cinematograph Act 1952, then only a film gets certificate and grades as per given by the board.

According to Supreme Court of India, Film censorship is necessary because a film gets higher amount of attraction as compared to the printed media therefore influences to a much greater extent. Cinema has potential for both evil as well as good and can cultivate both good and violent behavior among the viewers and affect their emotions to a very large extent.

SOME JUDICIAL PRONOUNCEMENTS

1.      In KA Abbas vs. Union of India the Supreme Court held the constitutionality within the ambit of Article 19(2) of the Constitution and said that films are very much different from the other forms of art and creativity and therefore should be treated the same. The film should be in the interest of the society.

2.      In S. Rangarajan vs. P. Jagjivan Ram In this case, the Madras HC revoked the “U” certificate of a Tamil film as the film was challenged on the grounds that it was based on reservation policy and caste which was unfair to Brahmins. However, the Supreme Court overruled the HC decision and upheld the freedom of speech and expression.

3.      In Odyssey Communications Pvt. Ltd. vs. Lokvidayan Sangathana and others, a TV serial had been prohibited from being telecasted by the High Court on the grounds that it had the ability to spread blind beliefs among large number of people and make them superstitious. However, at the apex court it was held that imposition of ban has violated the freedom of expression guaranteed under Article 19(1) (a) of the Constitution, and it was also held that there was no sufficient evidence to prove that the show is by any means infringing community rights.

CONCLUSION

It can be derived that cinema is a very powerful medium and it has the power of influencing the mind of people at large along with being a means of entertainment for them. The impact of cinema is so huge that it can trigger the viewers to some extent to behave in accordance to what is being shown on the screen. As it is very well known that visions create a very powerful influence over an individual, therefore it is very important to keep a check on the visual before releasing it for the public at large so that any film does not create any sort of instigation among the viewers. In some cases, censorship becomes very crucial if the film is about rape, violence, war or when there is involvement of obscenity, or offensive language to deter people from doing any sort of immoral activities after watching he film. Proper decisions must be taken by the board after weighing the pros and cons so that there aren’t any controversies or disapproval regarding any decision of the board. The power of censorship is must for the board but it should be kept in mind that infringement of any right should not take place by the board and proper justifications should also be done by the board to avoid chaos and confusion regarding a decision. 

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