Key Metrics:
• CBFC Certification Required for Theatrical & Satellite Content Only
• OTT Platforms Regulated Under: Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• Number of OTT Grievance Redressal Cases (2023–24): 473 (Ministry of I&B)
• Self-Regulatory Bodies Formed: Digital Publisher Content Grievances Council (DPCGC), Indian Digital Media Association (IDMA)
• Proposed Central Grievance Appellate Committee (CGAC): Operational under MeitY since 2023
A Shift from Centralised to Self-Regulated Frameworks
India’s traditional film certification body, the Central Board of Film Certification (CBFC), has long governed theatrical and satellite content through the Cinematograph Act, 1952. However, with the rise of digital platforms, a legal and operational gap emerged—OTT content remained largely outside CBFC’s purview.
The Government of India addressed this with the introduction of theIT Rules, 2021, which brought digital content providers under aself-regulatory mechanism, while also establishing compliance obligations under the Ministry of Electronics and Information Technology (MeitY).
Three-Tier Oversight for OTT Platforms
As per the IT Rules, 2021, all OTT platforms must adhere to a structured three-tier regulation system:
- Publisher-Level Compliance: Platforms like Netflix, Amazon Prime, and Disney+ Hotstar must classify content based on age, themes, and violence/sexuality, and display content descriptors.
- Self-Regulating Bodies: Platforms have formed associations such as the DPCGC to handle internal grievances.
- Oversight by Government: The Central Government, through MeitY, reserves the power to direct takedown or modification of content in case of national security or public order concerns.
These rules eliminated the need forpre-certification by CBFCfor OTT content, allowing more creative freedom—while ensuring accountability through grievance redressal.
Legal Clarity, Creative Leeway
Unlike cinema releases that require CBFC’s ‘U’, ‘U/A’, or ‘A’ certificates, OTT content only needs to comply with age classification guidelines under the IT Rules, such as “U,” “13+,” “16+,” and “A.”
This legal autonomy has enabled the production of genre-diverse narratives, including political thrillers, social critiques, and gender-inclusive content, which would otherwise face restrictions in theatrical release.
According to theMinistry of Information and Broadcasting’s 2024 report, over 90% of digital content complaints were resolved by platform-level redressal without needing higher authority intervention.
Emerging Challenges and the Role of CGAC
Despite greater creative freedom, the lack of standardized content certification has led to public concern over obscenity, religious sensitivity, and misinformation. The Ministry of I&B has flagged repeated grievances about depiction of violence and cultural insensitivity.
In response, theCentral Government operationalised the Central Grievance Appellate Committee (CGAC)in 2023, offering users a statutory forum for appealing decisions made by platform grievance officers. This signals a trend toward more structured oversight without compromising creative liberties.
CBFC’s Role: Redefined but Not Obsolete
While OTT platforms are outside CBFC’s direct jurisdiction, the board continues to regulate content released theatrically, including films that may later stream online. TheCinematograph (Amendment) Bill, 2023, also introduced provisions to curb film piracy and brought in uniform age-based classification—measures aligned with digital content standards.
There are ongoing discussions to create a unified content code across mediums, led by theMinistry of I&B, industry stakeholders, and civil society bodies.
Conclusion: Toward a Hybrid Regulatory Future
India’s OTT regulatory structure represents a significant transition—from centralised certification to platform-level responsibility under government oversight. While CBFC retains its mandate for cinemas, streaming platforms now operate in a legally defined, but relatively autonomous environment.
As digital viewership expands and regulatory pressures evolve, India’s hybrid framework—combining creative freedom, industry responsibility, and legal safeguards—could serve as a model for other democracies managing free expression in the digital age.
