GS Paper 4
Syllabus: Applications of Ethics
Source: IE
Example 1: Anti-Smoking Warnings on OTT platforms
Should films and TV series on OTT platforms like Hotstar, Amazon and Netflix have long-duration smoking warnings?
The central government had issued new rules on the matter in May (2023), but streaming websites had raised some objections
Legal perspective: The Cinematograph Act of 1952 prohibited the “glamorization” of tobacco in movies, and the Cable Television Networks Amendment Act of 2000 banned tobacco advertising on cable TV.
Ethical Perspectives:
| Ethical Dilemma | Description |
| Freedom of Expression vs. Public Health | Balancing filmmakers’ freedom of expression with the need for anti-smoking warnings to protect public health. |
| Health Awareness vs. Artistic Integrity | Balancing raising awareness of smoking’s health risks with preserving the artistic integrity of content |
| Corporate Interests vs. Public Health | Considering tobacco industry interests versus broader public health goals. |
| Cultural Sensitivity vs. Regulation | Applying Indian regulations to international content raises questions about cultural sensitivity and ethics |
Example 2: “Humans of Bombay vs. People of India”
The case involves a copyright infringement suit filed by Humans of Bombay (HOB) against People of India (POI), an Instagram account that tells stories of common people similar to HOB.
The Delhi High Court issued a summons to POI, acknowledging substantial imitation of HOB’s storytelling and identical or imitative use of images on both platforms.
Ethical Issues concerned:
| Ethical Issue | Description |
| Copyright Violation | Ethical concerns about the unauthorized use of HOB’s creative content by POI, potentially infringing on intellectual property rights. |
| Goodwill and Reputation | The use of a similar format to capitalize on the goodwill and reputation built by HOB potentially harms fair competition and integrity |
| Social Media Ethics | Considerations about ethical behaviour on social media platforms, including respecting the creative efforts of others. |
| Economic Implications of Reputation | Ethical discussions on how the use of HOB’s content by POI could have economic implications and affect HOB’s sustainability. |
Terms Used:
Copyright Infringement: Copyright refers to the rights given to creators of various works.
Passing Off: It involves situations where the nature, character, or performance of rival goods or services are similar, causing deception, misrepresentation, or harm to the goodwill of the original creator. To claim passing off, there must be an attempt to obtain an economic benefit from another’s reputation.
