No OTT censorship: Content to remain outside CBFC purview; govt prioritises self-regulation

NEW DELHI: The government on Tuesday said that content published on Over-The-Top (OTT) platforms will remain outside the jurisdiction of the Central Board of Film Certification (CBFC), but will continue to be regulated separately under the Information Technology Rules, 2021.In a written reply to the Lok Sabha, Minister of State for Information and Broadcasting L Murugan said the CBFC is a statutory authority constituted under the Cinematograph Act, 1952, with the mandate limited to examining and certifying cinematographic films for public exhibition.The minister clarified that OTT platforms are governed by Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires the digital streaming platforms to comply with a Code of Ethics that prohibits the publication of unlawful content and mandates age-based classification in accordance with prescribed guidelines.Murugan further informed the Lower House that the IT Rules lay down a three-tier institutional mechanism to ensure compliance with content-related norms and to address grievances raised by the public. The first level of regulation rests with the publishers themselves through self-regulation, followed by oversight by self-regulating bodies formed by publishers at the second level. The third level comprises an oversight mechanism exercised by the Central Government.

The minister submitted that complaints relating to OTT content are initially forwarded to the concerned platforms for appropriate action under Level I of the grievance redressal framework, as provided under the IT Rules, 2021.Earlier this year, the ministry issued an advisory to OTT platforms urging stricter age-based classification of content and compliance with the Information Technology (IT) Rules 2021.The advisory came close on the heels of the row over an episode of YouTube show 'India's Got Latent' by Samay Raina, featuring podcaster and influencer, Ranveer Allahbadia, who made an "inappropriate" comment during his guest appearance.The advisory outlined six key points aimed at online content publishers and self-regulatory bodies of OTT platforms, restating adherence to existing laws and ethical guidelines.