New IT Rules Explained: Government Proposes Mandatory Certification for OTT Films

There have been suggestions from the Central Government to introduce certain modifications to India’s digital content regulations, which may lead to a radical change in the release of movies on OTT platforms. The suggestion, when put into action, will make it mandatory for films that release directly on such platforms to obtain certifications prior to their release to the public.

It would be a huge leap towards India’s regulatory policies towards entertainment through OTT services. Currently, the three-tier self-regulation system in line with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is adopted by most OTT platforms.

What Has the Government Proposed?

The new amendment would aim at making it mandatory for all films which would be released directly through the OTT platform and not in theatres to be certified.

Under the proposal, it would become necessary for all those films that qualify under the eligibility criteria to be certified by the board before being made available online. The proposal is aimed at streamlining the regulation process for films irrespective of whether they are released through theatrical release or digital media. The proposal is currently under consideration.

Why Is the Government Considering This Change?

This proposal comes amidst the increasing fears surrounding the growth of OTT content and the establishment of a standardized regulatory framework.

With the advent of streaming sites, they have become one of the most popular means of consuming films, with most of them being produced without any theater release at all. There have been debates on whether there should be standards of regulation that apply to films that are produced online.

There have been some issues with content certification recently.

How Are OTT Platforms Regulated Today?

Currently, OTT platforms operate under the ambit of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

As per the above rules, it is incumbent on publishers to categorize their content based on age, put up content descriptors, develop grievance redressal frameworks, and adopt a tripartite supervision mechanism involving self-regulation by the publisher, self-regulatory bodies, and Government oversight. The requirement for getting pre-certification of any form of content by CBFC does not normally exist.

The suggested modifications, therefore, may very well be seen as a radical shift from the current self-regulatory framework.

What Could Change for Viewers?

Viewers might not notice any changes from the first viewing of movies. The release cycle for films may be extended by a certain period due to the certification requirement before streaming.

Some movies might take time to pass through the certification process, which will have an impact on the release dates for streaming services. Some people might perceive such certification as consistency in classification of the content, whereas some people might view it as an inflexibility.

What Does This Mean for Filmmakers?

One of the groups that might be significantly impacted by certification becoming a necessity is independent filmmakers and digital-first producers.

Most creators go for OTT channels due to the shorter timeframes and increased flexibility of creative expression that comes with them. Mandatory certification will add to costs and increase production time before the release of the film.

However, those who advocate for certification claim that it would provide more regulatory certainty for all film releases.

Why Is the Proposal Generating Debate?

The issue has led to debates on account of the larger issue of striking a balance between creative freedom and regulation.

Those supporting the mandatory certification feel that it can bring about uniformity in the standards followed for theatrical and online streaming releases and ensure clear age classifications.

Those opposing the move believe that there is enough regulation of OTT content in India with the IT rules already in place.

What Happens Next?

As the proposal is still under consultations, it has not been legislated yet.

Interested parties can make their contributions to the government before they enact any amendments. These consultations will influence the way the final framework will be different from the current proposal.

OTT platforms will continue working within the current IT Rules until the new regulations are officially announced.

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Conclusion

“The move by the government to make certification for OTT films mandatory is seen as a very important development in the domain of digital entertainment in India.”

It may affect the way films are launched and distributed online, bringing about a paradigm shift in the digital world in India if it becomes a reality. While the intent behind such a move may be to bring about a regulatory uniformity, the form that it will take remains to be seen after consultations and any changes made in law.

The new IT Rules do not have any immediate effect on the way OTT platforms work.