The Central Government is also mulling a major policy change that would mandate censor certification for films released directly on OTT platforms. If adopted, the new plan would put streaming releases in line with theatrical movies, and therefore would have to go through certification for them.
The films released in cinemas need to be certified by the Central Board of Film Certification (CBFC) before their public release. But movies and web series that are only released on OTT platforms are currently under a self-regulated system through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. Streaming services categorise content using age ratings and content descriptors rather than seeking pre-release certification.
The proposal is to standardise theatrical and digital releases. As OTT platforms continue to grow and have millions of viewers in India, there should be a uniform approach to content regulation especially for films that bypass theatrical release entirely.
If the proposal is approved, OTT films will need to undergo certification like they do when releasing films in cinema before they can be streamed. That certification will help to determine the right age of viewers and the proper legal and content standards to comply with. The specific framework, implementation timeline, and scope of the proposed rules have not yet been formally announced.
The proposal has already been in talks across the entertainment industry. The argument is that mandatory certification would make theatrical and digital releases more comparable; in so doing, parents and viewers would be clear about the kind of content we have access to on the internet. It could also help to alleviate complaints on language, violence and sensitive topics in some digital productions, they say.
But filmmakers, producers and digital content creators are worried that a separate certification would slow down the creation of content and add to the cost of compliance. Some industry experts also worry that certification will hurt artistic freedom and limit the flexibility that has helped OTT platforms create diverse and experimental storytelling in the last few years.
India’s OTT industry has grown rapidly since the pandemic as millions of subscribers have watched films and web series in a wide variety of languages. Streaming platforms have become the primary channel through which filmmakers can reach their audience for local cinema and independent films that may not see wide theatrical sales.
Legal experts say that a change in the certification process would likely require changes to the existing regulatory framework or new guidelines on how OTT content should be examined and certified. The government will consult with all parties involved - streaming companies, film productions, legal and industry bodies, etc. - to make a final decision and go through all aspects of the process before deciding on a single point of the certification process.
If it becomes law, it could change India’s digital entertainment ecosystem significantly as the certification process will be common for theatrical and OTT films. The aim is to strengthen content regulation and viewers’ protection but the final policy must have the balance between the public and artistic freedom and the fast-paced nature of digital content.
The proposal is still being considered and no official notification on CBFC certification of OTT films has been made. The entertainment industry will be interested in the next steps of the government and if it decides to go forward with the same decision the future of streaming content in India could be affected.
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