National Commission for the Protection of Child Rights Guidelines on OTT Platform

In Context

• Recently, new rules have been issued by the National Commission for Protection of Child Rights, to protect the rights of children working on the OTT platforms.

More about the rules:

• The “Guidelines to Regulate Child Participation in the Entertainment Industry” were issued by NCPCR in 2011. 
• The recent draft increases the scope of the guidelines to cover social media and OTT platforms for the first time.
• The scope of the new guidelines will cover:
  • TV programmes 
  • Reality shows, 
  • Serials, 
  • News and informative media, 
  • Movies, 
  • Content on OTT platforms, 
  • Content on social media, 
  • Performing arts, 
  • Advertising
  • And any other kind of involvement of children in commercial entertainment activities. 
• Child protection:
  • Health:
    • A minor, especially below the age of six years, shall not be exposed to harmful lighting, irritating or contaminated cosmetics. 
    • Children cannot be shown imbibing alcohol, smoking or using any other substance or shown to be indulging in any sort of antisocial activity and delinquent behaviour.
    • No child can be engaged in any situation involving nudity.
  • Mental Health:
    • Consideration has to be given to the child’s age, maturity, emotional or psychological development and sensitivity.
    • A child cannot be exposed to ridicule, insult or discouragement, harsh comments or any behaviour that could affect his/her emotional health.
• Producer’s responsibility:
  • The producer will now need to obtain the permission of the District Magistrate for the participation of a child in his/her show. 
  • Producers will also have to run a disclaimer saying measures were taken to ensure there has been no abuse, neglect or exploitation of children during the entire process of the shooting.
  • The producer also needs to ensure the child’s education under the RTE Act.
• Role of guardian:
  • At least one parent or legal guardian or a known person has to be present during a shoot.
  • For infants, a registered nurse needs to be present along with the parent or legal guardian.
  • At least 20 per cent of the income earned by the child from the production or event shall be directly deposited in a fixed deposit account in a nationalised bank in the name of the child which may be credited to the child on attaining majority.
  • Content created by the child or his family/guardian:
    • It shall be treated as children working in a family enterprise as provided under the Child Labour and Adolescent Labour Act, 1986.
• Penalty:
  • The draft also included stringent penal provisions for violating the guidelines, including imprisonment.

Significance:

• Need of the guidelines:
  • Children are now being used in videos across social media and in the content on OTT platforms. 
  • It had not been covered by the existing guidelines and this increasing influence and scope of the internet needed to be covered. 
  • Parents, who are using children to make money, have to be held accountable. 
• Recognition of other Acts:
  • There are different Acts protecting children.
    • Eg., Juvenile Justice Act, 2015, Child Labour Amendment Act, 2016, Protection of Children from Sexual Offences Act, 2012, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, etc.,
    • The provisions of these Acts have now been included in the guidelines.
• Risk of exploitation:
  • In the absence of any monitoring mechanism, the children in the industry are at grave risk of exploitation because they lack the legal right to the earnings they generate, safe working conditions and adequate protections via labour laws, etc. 
• Need of protection:
  • Participating in an adult-oriented industry, children are often exposed to unsuitable, anxiety-inducing, and at times, dangerous operational hazards and situations.
  • Children are also susceptible to a plethora of other crimes against children such as sexual exploitation, child trafficking, bonded labour, etc

Source: IE