CBFC Cannot Censor OTT Content: How Will The Obscene Content In OTT Series Be Regulated Then?

The government of India on Tuesday stated that the content shared by OTT platforms will not be regulated under the jurisdiction of the Central Board of Film Certification (CBFC). However, the OTT content will be regulated separately under the Information Technology Rules, 2021.   

The Minister of State for Information and Broadcasting L Murugan stated in a written reply to the Lok Sabha that CBFC is a statutory authority formed under the Cinematography Act, 1952. The body is limited to examining and certifying cinematographic films for public exhibitions or screenings.  

L Murugan further clarified that OTT platforms such as Netflix, Amazon Prime, and ALT Balaji are governed by Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which says that the digital streaming platforms should comply with a code of Ethics that restrict the publication of unlawful content and mandates age-based classification in accordance with prescribed guidelines.  

The Minister of State also informed the Lok Sabha that the IT Rules lay down a three-tier institutional mechanism to ensure compliance with content-related norms and to address issues raised by the public.  

The Level 1 of regulation stays with the publishers themselves. The Level 2 of regulation says that the content should be observed and regulated by the regulating bodies formed by publishers, which are Digital Publisher Content Grievances Council (DPCGC) and Digital Media Content Regulatory Council (DMCRC). The Third level consists of observation and regulation exercised by the Central Government. 

L Murugan admitted that the complaint related to OTT content has initially been forwarded to the concerned platforms and bodied for appropriate action under Level 1 of the grievance redressal framework, as mentioned under the IT Rules, 2021.  

Government Advisory on Age-Based Content

Prior to this, the government had issued an advisory to OTT platforms directing them to implement stricter age-based classification of content and compliance with the IT Rules 2021.   
The advisory was issued after the controversy over an episode of India’s Got Latent by Samay Raina on YouTube featuring famous podcaster Ranveer Allahbadia, who passed an ‘inappropriate’ comment during his guest appearance in the show.  

The advisory issued by Central Government mentioned six key points focusing on online content publishers and self-regulatory bodies of OTT platforms, restating adherence to existing laws and ethical guidelines.