Algorithmic Governance on Video on Demand Over the Top (VoD OTT) Platforms in India: Addressing Constitutional Challenges to Right to Speech and Privacy in Digital Media Regulation

Video on Demand Over the Top (VoD OTT) platforms have become a core part of India’s media system, transforming how audiences access and consume audio-visual content. Unlike traditional broadcasting, these platforms rely on algorithmic recommendation systems that operate through large amounts of personal data and function as invisible editorial gatekeepers, shaping content visibility and influencing viewer behaviour and cultural consumption. In India, regulation largely focuses on content classification, censorship, and grievance redressal mechanisms, while governance of algorithmic curation and data-driven personalization remains limited, creating a gap in Indian constitutional and media law. This article examines how recommendation algorithms affect freedom of expression, autonomy in decision-making, cultural plurality, and the potential impact on children, while also identifying gaps in existing legislation such as the Information Technology Rules, 2021 and the Digital Personal Data Protection Act, 2023. Drawing on a comparative analysis of regulatory approaches in the EU, UK, US, Canada, and Australia, the article proposes a constitutionally balanced framework for India that incorporates algorithmic transparency, accountability, user control, privacy safeguards, and child protection, and concludes that governance of algorithms must become an essential element of India’s future media regulation.