“It is important to understand that OTT emerged as a content platform well after the implementation of current laws, which largely govern traditional media content and censorship.”
How has content creation and distribution evolved over the past few years, especially in light of the digital and technological advancements?
In recent years, content creation and distribution have experienced a remarkable evolution driven by technological advancements. Key trends driving this innovation include the enhanced sophistication of CGI and visual effects, which enables filmmakers to produce visually stunning movies at lower costs while pushing the boundaries of creativity. Artificial intelligence tools are increasingly used in scriptwriting and editing, making production processes more efficient and innovative.
Immersive technologies, such as augmented reality (AR) and virtual reality (VR), are transforming storytelling by offering interactive cinematic experiences that allow audiences to engage with content like never before. While still in their infancy, VR films are carving out a niche in the entertainment landscape, providing immersive experiences distinct from traditional viewing formats.
Social media platforms like YouTube and Instagram have become essential for movie promotion, where viral marketing campaigns and user-generated content are crucial in driving audience engagement and movie success. The transition to digital projection has further facilitated wider film releases at minimal costs compared to traditional analogue systems, enabling cinemas to showcase a more diverse array of films.
The rise of streaming services like Netflix, Amazon Prime, and Disney+ Hotstar has revolutionised film consumption, offering direct-to-consumer streaming services. This shift has made content accessible globally, eliminating regional restrictions and providing immediate access to content.
What challenges do multiplexes like PVR INOX face in adapting to the shift towards digital content consumption?
Multiplexes like PVR INOX encounter several challenges in adapting to the shift toward digital content consumption.
One of the main hurdles they face is the need for substantial technological investment. Upgrading to advanced technologies such as digital projectors and specialized formats like IMAX, 4DX, and ScreenX is essential to attract audiences. However, these upgrades require significant capital investment.
Changing viewing habits presents another challenge. The pandemic has exposed audiences to a wide range of content on OTT platforms, fundamentally altering their viewing habits. Services like Netflix, Amazon Prime, Disney+ Hotstar, etc., provide vast content libraries accessible from home, increasing competition for audience attention and box office revenue.
Enhanced consumer expectations add another pressure. Today’s audiences expect more than just a film; they seek immersive experiences. To meet these expectations, multiplexes must enhance their offerings, potentially including upgraded searing, improved sound systems, and high-quality food and beverage options, all of which require additional investment.
To remain competitive, multiplexes have to keep innovating and evolving their business models, offering unique experiences that differentiate them from at-home viewing.
What are your thoughts on regulating OTT content similarly to traditional media, and how can we balance creative freedom with censorship?
OTT plays a significant role in modern-day content creation and consumer offerings. However, unlike traditional media, OTT content is not regulated. It is important to understand that OTT emerged as a content platform well after the implementation of current laws like the IT Rules, Copyright Act, IPC and Competition Act, which largely govern traditional media content and censorship.
“Given the reach of the OTT platforms, there is a growing need to ensure that the content distributed is responsible and does not promote harmful and offensive material. With the broader audience, Above all, there should be accountability of all platforms that distribute content. Therefore, there is an immediate need to regulate all content while maintaining and balancing creative freedom.
While creative freedom is essential, this freedom comes with the responsibility to be accountable for the content shared. At the same time, it is also important to understand that the absence of regulation for OTT platform highlights the distinct nature of digital content delivery. Traditional media platforms, which have been part of the media system for decades, are subject to strict regulatory frameworks, whereas OTT platforms, as a newer form of content distribution, are still evolving within the digital landscape. This has led to a perceived disparity in regulatory standards.
The Ministry of Information and Broadcasting’s proposed legislation is anticipated to address these gaps, aiming to foster a balanced environment for OTT platforms in India’s evolving digital landscape.
What challenges do deepfake and other AI-generated content pose for intellectual property rights, consent, and regulatory compliance?
In the world of digitization, computers and the internet have evolved as the most dynamic and resilient technologies, which have a huge impact on every aspect of our lives and have almost become integral and indispensable for the way the whole world is working. However, opportunities are never sans threat or misuse. There is massive ambiguity about the ownership of AI-generated content as it can reimagine and mix various pre-existing works, leading to potential infringement. This is accentuated by the absence of any laws covering these aspects, as copyright laws are traditionally designed for human creators.
Deepfake technology can develop content that mimics real people or existing creative work, raising concerns about whether these can be called “derivative works” and who has the right to profit or control such content. The rise of malicious actors and deep fakes, deep loves, etc, has a tangible impact on various sectors, from politics to the legal arena. AI systems are often deployed in workflows that involve human actors. This extends the “attack surface” to not only the technical components but the humans as well. Wrong information can corrupt both AI and human decision-making.
Face swapping and recreation, voice synthesis, gesture and emotional mimicry, and AI-based malicious actor content creation are all threats to cyber security and promote cyber-attacks. Because of the malicious actors and content, distinguishing between real and manipulated content becomes increasingly difficult. Recently, there was news of a deepfake of a prominent leader delivering an election-related speech, which was later found to be untrue. Concerns also arise about obtaining consent when generating AI based content. What qualifies as valid consent is also a matter to be deliberated upon. Deepfakes not only lead to copyright infringements but also invade privacy. As a result of the AI-driven malicious actors, there is a constant threat of cyber-attacks as boundaries between authentication and simulation are beginning to disintegrate.
Regulatory bodies struggle to keep up with the rapid spread of deepfake content. The speed at which such content can be disseminated makes enforcement efforts increasingly difficult. Also, identifying the source of such breaches is quite challenging, as most of these crimes happen over decentralized network which cannot be easily tracked.
To tackle these intricate difficulties, strengthening international collaboration is crucial to formulating universal standards. Investment in research and detection tools by both government and private entities is also essential. Online platforms should be held liable for hosting malicious content, including malicious actors, and clear penalties should be levied as a deterrent. Last but not least, ethical guidelines for AI researchers must be established to prevent misuse.
With immersive experiences like VR gaining popularity, what are the regulatory implications for multiplexes looking to integrate this technology?
Integrating virtual reality (VR) technology into multiplexes can offer exciting new experiences; however, in addition to regulatory implications, I think the patrons/consumers have to be informed about the experience and what it entails, and clear safety guidelines should be in place.
VR may cause discomfort, particularly for young children or individuals with certain medical conditions like epilepsy, heart ailment, blood pressure etc. To address all these concerns age restrictions should be mandated and potential health hazards such as motion sickness or eye strain should be clearly communicated to all patrons, to ensure the safety of all viewers.
In the Multiplexes, content that has censor licenses can only be exhibited. If the content is provided by third-party developers, it is essential to ensure that they have the appropriate content licensing in compliance with legal standards and avoid potential legal issues.
VR content providers should consider including features such as audio descriptions, sign language interpretation, or haptic feedback that can enhance accessibility and ensure that all patrons can fully enjoy the VR experience. With the modern and sophisticated way of unauthorized recording and piracy at the source where the content is digitized, the film and exhibition business are both severely impacted. Hence, the content creators and the regulators have to take steps to address these issues.
As giving immersive experiences to consumers is cost-intensive, multiplex should be provided with tax incentives so that technological advanced viewing experiences can be introduced to more customers.
As theatres and digital platforms personalize audience experiences, what steps should be taken to ensure compliance with data privacy laws?
To ensure compliance with data privacy laws, companies should be in the state of preparedness to embrace the data privacy laws and start taking steps for compliance with the Digital Personal Data Protection Act, 2023 (DPDP Act, 2023), which aims to regulate data privacy and protection in the digital age. While it represents a substantial step forward, its implementation would pose challenges majorly due to uncertainty and ambiguities about compliance requirements. This uncertainty may cause businesses to struggle with understanding and implementing the law and operating effectively.
As the first step, companies would need to evaluate their existing system and plug in the gaps. All policies such as the Privacy Policy, Data Usage Policy, Confidentiality Policies, and so on, which until now used to be more of a Policy per se, have to be revisited and should be made clear, transparent, and easily accessible, detailing what data is being collected (such as viewing preferences and browsing habits), the purpose of the data collection, and with whom the data will be shared and to what extent. This transparency is crucial for building trust and ensuring compliance with data protection regulations. The users should be informed about how their data will be collected, stored, and utilized.
Companies also need to understand and evaluate the quantum and type of data they would need, as the role and obligation of a Data Fiduciary is quite critical. Companies should refrain from collecting irrelevant or sensitive information unless it is explicitly required and consented to by the user to minimize data privacy risks and align with best practices in data protection. Companies have to clearly specify for how long the data will be required and how they will retain, use, protect, and delete the data collected.
Besides the above, there should be periodic audits of the policies implemented and redressal mechanism. Companies should have more robust cyber-resilient policies. which involve building adaptive capabilities, implementing robust incident response plans, conducting regular testing and training exercises, and fostering a culture of cybersecurity awareness and readiness throughout the organization to ensure data protection and data processor compliance.
As privacy laws continue to evolve, companies must update their cyber and data-related policies to remain compliant, especially as they adopt new technologies. Regularly reviewing such policies and terms of service helps to ensure that they accurately reflect current legal requirements and the actual data practices of each organization. This proactive approach helps maintain compliance and fosters user trust.
About Maushami Dasgupta:
Maushami Dasgupta is a distinguished lawyer with over 25 years of experience across law firms, government, judiciary, and major Indian conglomerates. She graduated with an LL. B from Campus Law Centre, Delhi University in 1992, following her Honours in Psychology in 1989. Maushami has held significant roles at prestigious organizations such as Times Group, Zee, Escorts, and PVR, where she has been the Head of Legal since 2008.
At PVR INOX, Maushami oversees the entire legal function, both at a Pan-India and international level. Her strategic guidance has been pivotal in PVR’s expansion from managing 100 screens to over 1700. She has led the legal process for major mergers and acquisitions, including Cinemax, DT, and Sathyam, and has played a key role in post-merger harmonization, aligning new entities with PVR’s standards and practices.
Celebrated for her contributions, Maushami was named a top General Counsel by Business World Legal in 2023 and recognition among the Top 100 Powerful Women in Law by World Intellectual Property Forum in 2017. Beyond work, she enjoys meditation, music, and the literary works of Tagore and Sharat Chandra.
