Guidelines to Regulate Child Participation in the Entertainment Industry: A first: norms to protect rights of kids working on OTT platforms

What is the news?

Recently, the National Commission for the Protection of Child Rights (NCPCR) has published a draft “Guidelines to Regulate Child Participation in the Entertainment Industry”. The guidelines increase the scope of the guidelines to cover social media and OTT platforms for the first time.

What is the need for the draft “Guidelines to Regulate Child Participation in the Entertainment Industry”?

-Children are now being used in videos across social media and in the content on OTT platforms which had not been covered by the existing guidelines.

-Participating in an adult-oriented industry, children are often exposed to unsuitable, anxiety-inducing, and at times, dangerous operational hazards and situations.

-Apart from the industry-specific risks, the children are also susceptible to a plethora of other crimes against children such as sexual exploitation, child trafficking, bonded labour, etc.

Salient features of draft “Guidelines to Regulate Child Participation in the Entertainment Industry”

Released by: National Commission for the Protection of Child Rights (NCPCR)

Aim: To ensure a healthy work environment for children in the Entertainment Industry with minimal physical and psychological stress.

Coverage: The guidelines will cover TV programmes including reality shows, serials, news and informative media, movies, content on OTT platforms, content on social media and any other kind of involvement of children in commercial entertainment activities.

Key provisions of the guidelines

Accountability: Parents, who are using children to make money, have to be held accountable. At least one parent or legal guardian or a known person has to be present during a shoot, and for infants, a registered nurse needs to be present along with the parent or legal guardian.

Focus on child education: The producer also needs to ensure the child’s education under the RTE Act, to ensure no discontinuity from school or lessons as well as adequate and nutritious food, and water for the children.

Mandatory registration: The guidelines mandated child artists and children being used in entertainment need to be registered with District Magistrates.

Inclusion of different Acts protecting children: Provisions under the 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., have been included in the guidelines.

Prohibited activities: Children cannot be shown imbibing alcohol, smoking or using any other substance or shown to be indulging in any sort of antisocial activity. Further, no child can be engaged in any situation involving nudity.

Salary-related norms: At least 20% of the income earned by the child shall be directly deposited in a fixed deposit account which may be credited to the child on attaining the majority.

Penal provisions: The guidelines include stringent penal provisions for violating the guidelines, including imprisonment. These penalties cover different acts including the Child and Adolescent Labour Act, 1986, the Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015.

Source: The post is based on the article “A first: norms to protect rights of kids working on OTT platforms” published in the “Indian Express” on 25^th June 2022.