Government considers mandatory CBFC certification for OTT platforms
The Indian government is contemplating making Central Board of Film Certification (CBFC) certification mandatory for films released on over-the-top (OTT) platforms, following the controversy surrounding the film 'Satluj'. The film, directed by Honey Trehan and based on the life of human rights activist Jaswant Singh Khalra, was released uncut on an OTT platform on July 3 but was removed from the platform in India two days later after a direction from the union government citing "security concerns" and "obligations" under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Details of the 'Satluj' controversy
'Satluj' explores the life and work of Jaswant Singh Khalra, a human rights activist who investigated and documented extrajudicial killings in Punjab during the 1990s. The film was initially released without any cuts on the OTT platform, bypassing the traditional CBFC certification process that is mandatory for theatrical releases. However, the government intervened, directing the platform to remove the film in India, citing potential threats to national security and the platform's obligations under the IT Rules 2021. The removal sparked a debate about censorship and the regulatory framework for digital content.
Current regulatory framework for OTT content
Currently, OTT platforms in India are self-regulated under a code of conduct established by the Internet and Mobile Association of India (IAMAI). The IT Rules 2021 introduced a three-tier grievance redressal mechanism, but did not mandate pre-certification by the CBFC for digital releases. This has led to a regulatory gap, where films like 'Satluj' can be released uncut online, while theatrical releases must comply with CBFC guidelines. The government's latest move aims to address this disparity by potentially requiring all films, regardless of release platform, to obtain CBFC certification.
Reactions and implications
The proposal has drawn mixed reactions. Proponents argue that mandatory certification would ensure uniformity and prevent the release of content that could threaten national security or public order. Critics, however, view it as an infringement on creative freedom and a step towards increased censorship. According to a senior government official, "The government is committed to ensuring that all content, whether on OTT or in theatres, adheres to the same standards. The 'Satluj' incident highlighted the need for a consistent regulatory framework." The official added that consultations with stakeholders, including OTT platforms and filmmakers, are underway.
Potential impact on the OTT industry
If implemented, mandatory CBFC certification could significantly alter the OTT landscape in India. Platforms may face delays in releasing content, as certification can be a time-consuming process. Additionally, filmmakers might need to make cuts to their work to comply with CBFC guidelines, potentially altering the creative vision. The move could also impact the global distribution of Indian content, as uncut versions might be released abroad while censored versions are shown domestically. The government is expected to release a draft policy for public comment in the coming weeks.
