Government Explains CBFC Role and OTT Content Regulation Framework

The IT Rules, 2021 further establish a three-tier institutional mechanism to ensure compliance with content-related norms and to address public grievances effectively.

The Government of India has clarified the regulatory framework governing films and OTT (Over-The-Top) digital content, outlining the distinct roles of the Central Board of Film Certification (CBFC) and the Information Technology Rules applicable to online platforms. This information was provided by the Minister of State for Information and Broadcasting, Dr. L. Murugan, in a written reply in the Lok Sabha today to a question raised by Dr. M. K. Vishnu Prasad.

The Central Board of Film Certification (CBFC) is a statutory body established under the Cinematograph Act, 1952. Its primary mandate is to examine and certify cinematographic films for public exhibition in theatres and other physical venues. CBFC certification ensures that films comply with legal provisions and are appropriately classified for audiences before public screening.

In contrast, content published on OTT platforms does not fall under the purview of the Cinematograph Act. Instead, OTT content is regulated under Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules provide a comprehensive framework for regulating digital news media and online curated content platforms.

Under the Digital Media Ethics Code, OTT platforms are required to adhere to a Code of Ethics. This code mandates that publishers must not host or publish content that is prohibited under any law in force. It also requires OTT platforms to undertake age-based classification of content, ensuring that viewers are adequately informed about the nature of the content and that access to age-inappropriate material is restricted.

The IT Rules, 2021 further establish a three-tier institutional mechanism to ensure compliance with content-related norms and to address public grievances effectively.

At Level I, responsibility lies with the publishers themselves, who are required to put in place internal grievance redressal mechanisms and take appropriate action on complaints received.

At Level II, self-regulating bodies constituted by publishers provide an additional layer of oversight, ensuring adherence to the Code of Ethics and addressing unresolved grievances.

At Level III, an oversight mechanism by the Central Government exists to supervise the functioning of the self-regulatory system and issue necessary directions in accordance with the rules.

The government clarified that grievances related to OTT content are forwarded to the concerned OTT platforms for action at Level I, in line with the self-regulation principle embedded in the IT Rules, 2021. This approach balances creative freedom with accountability, while ensuring that public concerns are addressed through a structured regulatory process.

The response highlights the government’s position that while films meant for theatrical release are certified by CBFC, OTT content is governed through a separate, technology-specific regulatory framework designed to address the unique nature of digital media.