Introduction
In recent years, the technology has developed exponentially, while electronic devices continue to smaller form factor while being capable enough to manage to multitask and pack a wide variety of complex functions. One such function is the use of the internet for viewing videos or audio-visual content, which are available on some online platforms (such as Netflix, Amazon Prime, Voot, etc.) and provided by broadcasters. 
While the technology is developing at such a rapid pace, the regulations are also catching up in order to keep in check the content being provided on the online platforms. While it indicates that the Government is being diligent enough to keep up with the changing technology, it also creates some doubts in the minds of consumers and service providers about the extent to which the online content will be censored or regulated by the Government.  

Defining OTT
OTT is an abbreviation of Over-the-Top. What this means is that OTT is a means of providing television/film content ("Content") over the internet. The Content is provided at the request so that it suits the requirements of the customers. This method seems to be exactly the same as VOD (Video-on-demand) and is mostly considered to be one and the same thing because oftentimes they are. However, the terms are different from each other. While VOD is a media distribution system allowing its users to gain access to videos while eliminating the need for traditional playback devices, OTT, as explained before, provides requested Content over the internet. Thus, VOD can exist via satellite transmission too, indicating that VOD can exist without OTT and vice-versa. VOD, hence, is a defining feature of OTT.  
For a better understanding of the difference between OTT and VOD, you can refer to the diagram below:



[Fig 1: Diagram depicting the difference between OTT and VOD]

Chronological Background of Law Regulating OTT in India
While the online streaming services, as well as online platforms, were taking over way before 2016, it was this year when the regulatory aspect of online streaming platforms first came to be noticed.
On October 25, 2016, an RTI Application was filed to seek information on the regulatory power of the Ministry of Broadcasting (“MIB”) over online streaming platforms. MIB replied on December 02, 2016, stating that it had no authority to regulate online content, while also not planning to enforce any guidelines to regulate the same. 
Sometime during October 2018, a Public Interest Litigation (“PIL”) was filed before the Delhi High Court by an NGO. This PIL sought separate guidelines to regulate online streaming platforms. The Delhi High court dismissed the petition stating that MIB, as already stated in the reply to the RTI query, had the opinion that it did not such authority so as to regulate online content, and thus, online streaming platforms were not required to obtain any license for displaying their content. Furthermore, the Ministry of Electronics and Information Technology ("MeitY") also weighed in. MeitY stated that it does not regulate the content on the internet and that there was no provision for regulating and licensing content on the internet. This was applicable not only for all the organizations but also for establishments. 
It was also stated that Information Technology Act, 2000 (“IT Act”) and the concerned statutory authority, as has been vested with power under Section 69 of the IT Act, would be appropriate for regulating the online content and platforms providing OTT services. The court also held that though there was no general power for the regulation of online content and OTT platforms, the IT Act provided enough safeguard for taking action in the event of any prohibited act being undertaken by broadcasters, and organizations on the online / internet platform. 
Before this, there have been several case laws wherein it was held that online content would not fall within the ambit of the Cinematography Act, 1952. This led to the dismissal of many other petitions filed before the courts on the same subject matter. While this was happening, in September 2020, 15 big names in the OTT services had signed and adopted a self-regulatory code of best practices, known as Universal Self-Regulation Code for Online Curated Content Providers (“Self-Regulation Code”), while being backed by Internet and Mobile Association of India (“IMAI”), with an objective to provide guidelines to content providers to protect the interest of the consumers and conducting themselves in a reasonable manner. However, vide a letter by MIB to IMAI, the government rejected the Self-Regulation Code while stating that “the proposed self-regulatory mechanism lacks independent third party monitoring, does not have a well-defined Code of Ethics, does not clearly enunciate prohibited content and at second and third-tier level there is an issue of conflict on interests.” MIB also advised IMAI to refer to self-regulatory structures as adopted by Broadcasting Content Complaints Council (“BCCC”) and News Broadcasting Standards Authority (“NBSA”) for guidance.

The Change
Keeping in mind what has been mentioned above; it was a drastic change to see when in October 2020, a PIL was filed before the Supreme Court for the creation of an autonomous regulatory system for online content. The Supreme Court of India sent a notice to the Central Government regarding the PIL and the issue at hand.
Furthermore, a notification was issued on November 09, 2020, (“Notification”) amending the Government of India (Allocation of Business) Rules, 1961 which created a new sub-heading VA in the second schedule. The title given to the schedule was “Digital/Online Media”, and it contained two entries, namely:
i. Films and audio-visual programmes made available by online content providers; and
ii. News and current affairs content on online platforms. 
Thus, by issuing this notification, the MIB now has the power to regulate policies for OTT platforms.

Conclusion
From what has been stated above, it can be inferred without any doubt that the IT Act provides for the regulation of obscene material on the internet. Along with this, as per Section 69A of the IT Act, the Central Government has been conferred with the power to issue directions to block public access to any information online. Furthermore, the IT (Intermediary Guidelines) Rules 2011 may be applicable on OTT platforms, as it mandates exercise of due diligence framework to be observed by any such intermediaries when it comes to publishing, or dissemination, or hosting of any such information on any computer resource of the intermediary. These platforms are also covered within the ambit of Indian Penal Code 1860, which provides for prohibition of defamatory content, and other such acts committed with an intention to spread hatred or outrage religious feelings. Due to the exponential shift from traditional cable televisions to OTT platforms during the COVID-19 pandemic, the regulators have been forced to establish a better regulatory framework for digital broadcasting. With the issuance of the Notification, the broadcasters, as well as the consumers, fear extreme regulation or censorship. Thus, the only thing that remains to be seen is the manner in and the extent to which the Government proposes to regulate online content.