The Centre is considering making certification by the Central Board of Film Certification (CBFC) mandatory for films before they are released on OTT platforms, according to government sources. The proposal comes in the wake of the controversy surrounding the release of the film Satluj on ZEE5 without CBFC certification.
Sources said the government is examining amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to introduce compulsory certification and clearance for films released on OTT platforms. If approved, the move would bring a significant change to the current regulatory framework, under which OTT content does not fall under the CBFC's jurisdiction.
Government weighs changes to OTT rules
According to sources, the proposed changes would require every film to obtain CBFC certification before being released on streaming platforms.
The government believes such a provision would require an amendment to the IT Rules, 2021.
A senior government functionary also said action is being considered against intermediary ZEE5 for streaming Satluj while the film was still under examination by the CBFC.
According to the official, the certification process had not been completed and the CBFC had suggested several cuts to the film before its release.
At present, however, films and other content released directly on OTT platforms are outside the purview of the CBFC.
Why Satluj is at the centre of the row
Satluj was removed from ZEE5 two days after its release on 3 July following a government order citing national security concerns.
The Honey Trehan-directed film is based on the life of human rights activist Jaswant Singh Khalra, who investigated the cremation of thousands of unidentified bodies in Punjab between 1984 and 1994. Khalra was later abducted and murdered by police personnel in 1995.
The film continues to be screened privately at several locations, including gurdwaras across Punjab.
Responding to questions about such private screenings without certification, the government functionary said it is the responsibility of the state government to ensure the law is enforced and take action against any violations.
The issue has also acquired political significance ahead of the Punjab Assembly elections due early next year.
What the IT Rules say
Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, empowers the Ministry of Information and Broadcasting to invoke Section 69A of the Information Technology Act through a mechanism meant to oversee OTT content that is not regulated by the CBFC.
Section 69A allows the government to block online content on grounds including India's sovereignty and integrity, defence, security of the state, friendly relations with foreign states and public order.
Earlier, government sources said a committee constituted by the Centre to examine the content of Diljit Dosanjh-starrer Satluj had recommended that the ban on public access to the film through online streaming platforms should continue, alleging that the film goes against India's sovereignty and integrity.
(With inputs from PTI)
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