OTTs Escape Censor Scissors As Govt Highlights Self-Regulation

OTT content will remain outside the jurisdiction of the Central Board of Film Certification (CBFC) and will continue to be regulated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the government informed the Parliament on Wednesday.

The CBFC, a statutory authority under the Cinematograph Act, 1952, is responsible only for examining and certifying cinematographic films for public exhibition, not online streaming content, Minister of State for Information and Broadcasting L Murugan said in response to a query raised by a lawmaker.

Under the IT Rules, 2021, OTT platforms must adhere to a Code of Ethics, which mandates avoiding content prohibited by law and implementing age-based classification as per prescribed guidelines.

The regulatory framework includes a three-tier institutional mechanism for compliance and grievance redressal.

The first level is self-regulation by publishers. This is then followed by the second level of self-regulation by self-regulating bodies of publishers

The third level is the oversight by the central government.

The release further said that grievances related to OTT content are first forwarded to the concerned platform for action under the first level, ensuring accountability at the publisher level. Murugan emphasised that this mechanism is designed to maintain content standards and address public concerns effectively without bringing OTT content under CBFC’s certification process.

The Supreme Court, in April this year, had called it an 'important concern' as it sought responses from the Centre and others on a plea seeking a ban on streaming of sexually explicit content on OTT and social media platforms.

A bench of Justices B R Gavai and Augustine George Masih had said it was either for the legislature or the executive to come out with measures to deal with the issue.