Laws and Regulations on OTT Platforms in the age of Artificial Intelligence: A Comparative Study of India’s IT Rules with US and Australia

Abstract

The rapid integration of artificial intelligence (AI) into Over-The-Top (OTT) platforms has severely transformed how digital content is delivered, curated, and moderated. Recommendation algorithms, automated content classification, deepfake detection systems, and the AI driven age-gating mechanisms increasingly shape the interaction between platforms and users at an unprecedented scale. The regulatory frameworks governing these platforms across major jurisdictions, including India, the United States and Australia, remain fragmented, reactive, and largely unequipped to address the diverse challenges posed by AI powered content ecosystems. The author will undertake a comparative legal analysis of the regulatory approaches adopted by India, the United States, and Australia in governing AI powered OTT platforms. In India, the analysis examines the Information Technology Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including the three-tier grievance redressal mechanism and self-regulatory framework, as well as the implications of the Digital Personal Data Protection Act, 2023 for algorithmic profiling. For the United States, the paper evaluates Section 230 of the Communications Decency Act, First Amendment constraints on algorithmic content curation, FTC enforcement actions on algorithmic transparency, and emerging state-level content moderation legislation. Australia's framework is assessed through the Online Safety Act 2021, the powers of the e-Safety Commissioner, Basic Online Safety Expectations (BOSE), age verification mandates, and proposed AI governance initiatives. The comparative analysis is focused and structured around key dimensions i.e. self-regulation versus co-regulation versus state regulation models, intermediary liability and safe harbour provisions, content takedown mechanisms and due process standards, algorithmic transparency and explainability requirements and data protection regimes governing user profiling. The paper further examines AI-specific regulatory concerns, identifies key regulatory gaps across all the three jurisdictions and proposes a set of recommendations for a harmonised governance framework.