The Great OTT Debate: Content Regulation, Censorship, and Freedom of Expression in India

Abstract

Over-the-top (OTT) platforms have fundamentally transformed India's media landscape, creating tension between creative freedom and content governance. This article examines the multifaceted OTT regulation debate, analyzing the tension between content regulation, censorship allegations, and constitutional protections for freedom of expression under Article 19(1)(a) of the Indian Constitution [1]. Through examination of regulatory frameworks particularly the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 governmental enforcement mechanisms, and judicial interpretations, this study demonstrates the complex balancing required to govern digital content in democratic contexts. The article explores how India's regulatory approach reflects broader questions about state regulatory authority, digital intermediary accountability, artistic expression protection, and constitutional freedoms in an increasingly digitalized public sphere. The analysis concludes that successful regulation requires balancing legitimate governance needs with expression protection imperatives through enhanced transparency, judicial review, and clear standards.