CBFC Cannot Censor OTT Content: Streamers To Follow 3-Tier Regulation Under Code Of Ethics - IT Rules EXPLAINED

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light of the growing clout of OTT content and its power over audience viewing, an advisory has been issued with regard to censorship on streaming platforms. On December 17 (Wednesday), the Central Government clarified in the Lok Sabha that the OTT content will remain outside the purview of the Central Board of Film Certification (CBFC). However, it stated that the OTTs would be regulated under the 2021 Information Technology Rules, and that the streaming platforms must instead self-classify their content in accordance with age.

OTT platforms to remain outside CBFC

The aforementioned clarification was announced by the Ministry of Information and Broadcasting, reaffirming that content in the digital space is regulated separately as per the Code Of Ethics. The government said that CBFC's authority does not extend to content on OTT platforms. The CBFC was established under the Cinematograph Act, 1952 and granted responsibility for certifying films for public exhibition."The Code of Ethics requires OTT platforms to avoid publishing content prohibited by law and undertake age-based classification of content as per the guidelines in the Rules," the Ministry of Information and Broadcasting said.

Three-tier regulation - Explained

In order to oversee its compliance and address content-related concerns, a three-tier institutional mechanism has been established by the IT rules with an aim to uphold the content standards and address public grievances. In a written reply in the Lok Sabha, Minister of State for Information and Broadcasting L Murugan explained.The first-tier incorporates self-regulation by the publishers. This means every OTT platform must implement its own measures to monitor and control the content that it streams. The second-tier involves self-regulation by publishers or their association. They need to review grievances that are not resolved at the individual platform level. The third-tier brings forth an oversight by the central government's Inter-Departmental Committee. This tier helps in resolving issues that fail to get addressed at the previous stages. This committee would comprise representatives from the Information and Broadcasting Ministry, Women and Child Development, Law and Justice, Home Affairs, Electronics and Information Technology and External Affairs, among others.

India's Got Latent and its after-effect

The Ministry of Information and Broadcasting warned OTT platforms in February this year against streaming "content that is prohibited by law." This was in the aftermath of the controversy that erupted over sexually explicit comments shared on India's Got Latent.