OTT content to remain outside CBFC jurisdiction; Three-tier institutional mechanism under IT Rules in place

The Ministry of Information and Broadcasting (MIB) has clarified in Lok Sabha on Wednesday, December 17, that content streamed on over-the-top (OTT) platforms does not fall under the jurisdiction of the Central Board of Film Certification (CBFC) and is instead regulated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The CBFC is a statutory body constituted under the Cinematograph Act, 1952 and is mandated to examine and certify cinematographic

films for public exhibition. However, OTT platforms are governed separately under Part III of the IT Rules, 2021, which lay down a Code of Ethics for digital content publishers.

Under the Code of Ethics, OTT platforms are required to avoid publishing content prohibited by law and to follow age-based classification norms in line with the guidelines prescribed under the Rules.

The IT Rules also provide for a three-tier institutional mechanism to ensure compliance with content-related norms and to address public grievances.

At Level I, grievances are handled through self-regulation by the publishers, where complaints related to OTT content are forwarded to the concerned platform for appropriate action.

Level II involves self-regulation by self-regulating bodies of the publishers, which oversee compliance and address unresolved issues.

At Level III, an oversight mechanism by the Central Government comes into play to ensure adherence to the Rules and take action where necessary.

The ministry said grievances related to OTT content are currently being addressed under this structured redressal framework, with complaints first routed to platforms under the Level-I self-regulatory mechanism provided under the IT Rules, 2021.

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