The Nexus Between Freedom of Expression under the Indian Constitution and Creative Liberty of Content Creators Over OTT

It is important to analyse the mutually intertwining and rather entangled contingencies associated with the creative freedom of content distributors and the freedom of speech that is granted by the Indian Constitution. Essentially, this abstract looks at the detail of this relation and how laws and the Constitution pragmatics shape various entertainment content in the contemporary world. According to Article 19(1)(a) of the Indian Constitution, the citizens have the right to freedom of speech and expression, nevertheless, restrictions may be placed on this right. Artistic and creativity freedom are part of this broad categories of freedom of expression. It makes communication, opposition to the power and cultural exchange possible, becoming the cornerstone of democracy. The use of the over-the-top platforms has given the producers an avenue through which they can produce quality and diverse content through their work. There are no mediators and gatekeepers in the processes of content production; everyone, starting with non-affiliated freelance directors and ending with directors of the giant studios, freely creates their works. This freedom has resulted in splendid replication of narration, as well as the proposal of many approaches and stories. Holding Indian autonomies suitable for the protections granted under Article 19, decision-makers are adjusting regulations concerning the content delivered through OTT platforms. Namely, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 are designed to regulate the over-the-top (OTT) platforms by prescribing the requirements in relation to grievance redressal mechanisms and content classification. However, there are concerns over such notion as censorship and restriction of the freedom of artists from being realised as a consequence of the implementation of these measures. Co-ordinating between applications of artistic permissiveness and general freedom involves a highly involved manipulation of loyalty towards the Constitution and what the numerous concerns dictate the society as a whole. The law makers need to have discussions with the media, business circles, and civil society organizations to create legislative frameworks that would foster creativity, variety, and the production of responsible content for the audiences, maintaining the positive balance in the digital media space while respecting the active use of moderation, transparency and other principles used in modern societies.