The Ministry of Information and Broadcasting has clarified that content published on OTT platforms will remain outside the Central Board of Film Certification's (CBFC) purview but will continue to be regulated separately under existing Information Technology rules.
In a written statement on Wednesday, based on a reply in the Lok Sabha by the junior Minister of Information and Broadcasting, L Murugan, the ministry noted that OTT content is regulated under Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The code requires platforms to avoid sharing content that is prohibited by law and demarcate content based on viewers' ages. Further, the minister said that the Centre cracked down on 43 OTT platforms for displaying obscene content.
Pointing to a three-tier compliance and grievance redressal, the minister said it includes self-regulation by the publishers, oversight by a self-regulatory body and oversight by the Union government’s Inter-Departmental Committee, which will have representatives from the I&B Ministry, Women and Child Development, Law and Justice, Home Affairs, Electronics and Information Technology and External Affairs, among others.
It further reaffirmed that digital content is regulated separately as per the Code of Ethics and that CBFC doesn't have the authority in that area. Established under the Cinematograph Act, 1952, the CBFC has the power to certify films that are showcased for public viewing.
The clarification comes months after the ministry warned OTT platforms against streaming "content that is prohibited by law" after sexually explicit comments were made on the popular reality show India's Got Latent.
The IT rules also prohibit the storing, transmission and publishing of content that is obscene, harmful to children, threatens national security or violates any laws. deep fakes that deceive or mislead, and content using AI to impersonate others, are also restricted. Those platforms with over 50 lakh users are required to use digital tools to remove unlawful content while also hiring local officers to draft compliance reports.
The minister also said that grievance officers must be appointed to resolve complaints and remove any objectionable content within 72 hours. In case of "violating privacy, impersonating individuals, or showing nudity," the law states that it must be resolved and removed within 24 hours.
He stated in the reply that if intermediaries fail to comply with the legal requirements outlined in the IT Rules, 2021, they will forfeit their immunity under Section 79 of the IT Act and may face appropriate legal action or prosecution under the prevailing laws.
