Explained: No CBFC for Netflix, Prime Video -- How OTT content is regulated in India

Online streaming platforms such as Netflix, Amazon Prime Video and Disney+ Hotstar do not fall under the jurisdiction of the Central Board of Film Certification (CBFC), the government has clarified in Parliament.

The CBFC is a statutory body set up under the Cinematograph Act, 1952, and its mandate is limited to examining and certifying films meant for public exhibition in theatres. OTT content, however, is governed by a separate legal framework.

So, who regulates OTT platforms?

OTT platforms are regulated under Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, commonly referred to as the IT Rules, 2021.

Under these rules, streaming platforms are required to follow a Code of Ethics, which mandates that:

• Content prohibited by law must not be published
• Shows and films must carry age-based classification in line with prescribed guidelines

How are complaints against OTT content handled?

The IT Rules lay down a three-tier institutional grievance redressal mechanism to ensure compliance and address public complaints:

Level I: Self-regulation by publishers

OTT platforms are required to address complaints directly at their own level.

Level II: Self-regulation by industry bodies

If grievances are not resolved at Level I, they can be escalated to self-regulating bodies formed by publishers.

Level III: Government oversight

The final level involves oversight by the Central Government, which can intervene if required.

According to the government, complaints related to OTT content are forwarded to the concerned platforms for action at Level I, in line with the self-regulatory framework under the IT Rules, 2021.

What did the government say in Parliament?

Minister of State for Information and Broadcasting Dr L. Murugan provided this clarification in the Lok Sabha while responding to a question by MP Dr M.K. Vishnu Prasad.

The minister said that OTT content is regulated under the provisions of Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Code of Ethics mandates OTT platforms to comply with the law and follow age-based content classification, he said.

"The grievances related to OTT content are duly forwarded to the concerned OTT platforms for appropriate action under Level-I of the redressal mechanism, viz self-regulation by the publishers, provided under the IT Rules, 2021," the minister said.