OTT Content Regulation Latest News
- The film Satluj, based on the life of rights activist Jaswant Singh Khalra, premiered on ZEE5, after being stuck for nearly three years over certification issues.Â
- Just two days later, it was taken off the platform in India, though it remains available internationally. Government sources cited "security concerns," and an Inter-Departmental Committee under the IT Rules, 2021 has been set up to examine the matter.Â
- The episode has spotlighted India's two separate regulatory regimes: the Cinematograph Act for theatres and the IT Rules for streaming platforms.
Background: Why Was Satluj Banned
- The film chronicles the life and death of Jaswant Singh Khalra, an Amritsar-based activist who investigated the alleged illegal cremation of thousands of unidentified bodies by police during Punjab's militancy years.Â
- He was abducted and killed in 1995, a case in which several police officials were convicted.
- Originally titled Ghallughara, the film was renamed Punjab '95 after CBFC scrutiny, when the board demanded 127 cuts for theatrical release.Â
- The makers refused, so the film never reached cinemas. It later arrived on OTT, without cuts, under the new title Satluj.Â
- The makers had also challenged the CBFC's objections in the Bombay High Court in 2023 but later withdrew the petition.
How CBFC Certification Works
- Theatrical releases are governed by the Cinematograph Act, 1952.Â
- Under Section 4, anyone wishing to publicly exhibit a film must obtain certification from the CBFC, a statutory body under the Ministry of Information and Broadcasting.Â
- Screening uncertified films in cinemas is a criminal offence.
- The CBFC certifies films as U (unrestricted), UA (unrestricted with parental guidance), A (adults only), and S (restricted to specialised audiences).
- The Cinematograph (Amendment) Act, 2023 split the UA category into age-based sub-categories and made certificates perpetually valid, removing the earlier 10-year limit.
- The Act allows the CBFC to refuse certification or demand cuts if a film threatens India's sovereignty and integrity, state security, friendly relations with foreign states, public order, decency, morality, or involves defamation or contempt of court.Â
- These mirror the "reasonable restrictions" under Article 19(2) of the Constitution.
- Until 2021, filmmakers could appeal CBFC decisions before a dedicated tribunal (FCAT).Â
- Tribunal rationalisation reforms abolished FCAT and shifted its functions to High Courts, making appeals slower and costlier for time-sensitive releases, and removing specialised judicial expertise in cinema matters.
How Streaming Platforms Are Regulated
- OTT platforms historically operated with minimal oversight since the Cinematograph Act covers only public exhibition, not private viewing.
- In 2019, the Karnataka High Court dismissed a plea to bring OTT content under the Cinematograph Act, distinguishing public exhibition from private streaming.
- OTT content is instead regulated under Part III of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- These rules prescribe a code of ethics and a three-tier grievance redressal structure: self-regulation by publishers, self-regulatory bodies, and government oversight via the Information & Broadcasting Ministry.Â
- This framework is currently under challenge, with the Bombay and Madras High Courts staying the provision.
- The 2023 Broadcasting Services (Regulation) Bill, which sought to classify OTT platforms as broadcasting services, was later withdrawn.
- In Satluj's case, the government invoked its takedown power under Section 69A of the IT Act.
Understanding Section 69A
- Section 69A empowers the government to block content, exercised through the IT (Procedure and Safeguards for Blocking Access of Information by Public) Rules, 2009.
- The government must record reasons for blocking in writing, and a designated Review Committee examines whether such orders comply with Section 69A.
- In this case, the I&B Ministry constituted a high-level Inter-Departmental Committee under Rule 14 of the IT Rules to examine the film's content.
- The committee can recommend a warning, an apology or disclaimer, reclassification or modification of content, or complete deletion and blocking under Section 69A.
Conclusion
- The Satluj episode reveals a regulatory gap: filmmakers can bypass strict CBFC theatrical scrutiny via OTT, but face parallel, less-defined IT Rules oversight instead.Â
- This highlights the need for a coherent, rights-respecting framework governing content across both platforms, balancing free expression with genuine security concerns.
OTT Content Regulation FAQs
Q1: Why has the Satluj case intensified the debate on OTT Content Regulation?
Ans: The Satluj case exposed differences between theatrical film certification and OTT oversight, highlighting inconsistencies in India's evolving OTT Content Regulation framework.
Q2: How does OTT Content Regulation differ from film certification in India?
Ans: OTT Content Regulation operates under the IT Rules, 2021, whereas theatrical films require prior certification under the Cinematograph Act, 1952.
Q3: What role does Section 69A play in OTT Content Regulation?
Ans: Section 69A empowers the government to block online content on specified grounds, making it a key enforcement mechanism within India's OTT Content Regulation regime.
Q4: Why is OTT Content Regulation facing legal challenges?
Ans: OTT Content Regulation has been challenged over concerns relating to excessive executive oversight, free speech, procedural safeguards and constitutional protections under Article 19.
Q5: What reforms are needed in India's OTT Content Regulation framework?
Ans: India's OTT Content Regulation requires a transparent, rights-based and technology-neutral framework that balances creative freedom, public interest and national security.