India To Get Guidelines To Protect Rights of Children Working for OTT Platforms

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(Photo: Erum Gour/The Quint)

The National Commission for the Protection of Child Rights (NCPCR) published draft guidelines dated Friday, 24 June, to regulate child protection within the entertainment industry.

While these guidelines were first issued by the commission in 2011, the latest draft covers social media platforms, like Instagram, and OTT platforms, like Netflix and Amazon Prime, for the very first time.

"Although several laws are in place, no specific regulation or rule has been put in place for protection of the child artists in the adult dominated industry," the guidelines say.

"The dawn of social media, OTT Platforms and the accessibility of content on the internet has opened a Pandora’s Box for creation of entertainment content. In addition to the problem of wrongful use of children in creation of such content, unsuitable content has also easily become available for children," they add.

What the Draft Guidelines Propose

The scope of the draft guidelines includes reality shows, TV 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.

Here are the major proposals:

• Child artistes must be registered with the DM

• Producers need to ensure a safe environment

• Screenings must have disclaimers that child rights rules have been followed

• Child artistes must be cast in age appropriate roles

• Depictions of nudity or imbibing alcohol are prohibited

• Studies mustn't be disrupted

• Wages need to be paid on time

• Adequate nutritious food needs to be given to children

• Dressing rooms for children and adults should be separate, especially for opposite sexes

• Every person involved in production who may be in contact with children has to submit a medical fitness certificate

• Police verification of staff needs to be carried out

• Parent/guardian must be present during production

• Children below the age of six should have registered nurses or midwifes with them

• Children, especially below six years, must not be exposed to harmful lighting or cosmetics which are contaminated or cause irritation

• Recreational material, rest facilities must be available on set

• Children can only participate in one shift per day, and must be given a break after every three hours

• At least 20 percent of income shall be directly deposited in a fixed deposit account in a nationalised bank in the name of the child. This amount may be credited once adulthood is reached

Penalties if Rules Violated

If the producer, parents or legal guardians are found to be violating child labour rules outlined in the guidelines, the penalties include imprisonment for a term "not less than six months but which may extend to two years, or with a fine which shall not be less than Rs 20,000, which may extend to Rs 50,000, or with both."

Penalties for various offences will be covered under different acts including Child and Adolescent Labour Act, 1986, Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015.