CBFC to stay away from streaming content; what the government is doing to prevent another India’s Got Latent misfire

So, will OTT content go unchecked?

However, that doesn’t mean that the content on OTT platforms like Netflix, Prime Video, JioHotstar and YouTube, among others, will go unchecked. As the Supreme Court noted in India’s Got Latent case last month, “So I create my own channel, I am not accountable to anyone… somebody has to be accountable,” said the SC.

Murugan on Wednesday clarified that under the IT Rules 2021, the OTT platforms have to follow a Code of Conduct, which requires them to not publish content prohibited by the government, and all shows and films must come with age-based classification in accordance with prescribed guidelines.

The CBFC’s primary role is also age-based certification of theatrical releases. But as we’ve seen over the years, it’s also dictated cuts in films in order to allow them certification. Films like Honey Trehan’s Punjab ’95 and Sandhya Suri’s Santosh are still stuck with the CBFC. However, in case of OTT platforms, there would be no body that would predetermine its fate.

What’s the redressal procedure for OTT platforms?

As per the IT Rules 2021, a three-tier grievance redressal mechanism is in place to address any complaints. Level I involves self-regulation, where OTT platforms respond to the complaints at their own level. Level II entails involvement of self-regulating bodies set up by the OTT platforms themselves in the case they can’t resolve the complaints at their own level.

If the complaint can’t meet a resolution at both these self-regulating levels, it’ll be escalated to the third and final level, involving the intervention of the Central Government. Murugan also revealed in the Parliament that access to as many as 43 OTT platforms have been disabled for exhibiting obscene content since that’s prohibited by law.

Level III seems to address a concern raised by the Supreme Court in the India’s Got Latent row, where it asked, “Where the content is perceived as anti-national or disruptive of society’s norms, will the creator take responsibility for it? Will self-regulation be sufficient? The difficulty we are facing is the response time. Once the scurrilous material is uploaded, by the time the authorities react, it has gone viral, to millions of viewers, so how do you control that?”

Aadhar-based age-gating?

The SC had also noted stricter compliance with age-based classification. It remarked that the disclaimers and warnings accompanying the films and shows aren’t sufficient. It asked whether the viewer’s age can be verified via their Aadhar Card before they can access a particular content. “The warning can be for a few seconds. Then perhaps ask for your Aadhaar card, etc., so that your age can be verified and then the programme starts,” it stated. However, the government hasn’t institutionalised that measure yet.

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The government’s clarification that OTT platforms are exempt from the CBFC also comes at a time when the FICCI-EY Media & Entertainment Industry Report 2025 has hailed the OTT platforms as “a key driver of India’s soft power and global cultural outreach.” With the number of subscribers to OTT content estimated between 9.5 crore and 11.8 crore, the revenue has increased by 11% in 2024 to Rs 9,200 crore.