The government is working on a mechanism to address gaps in the regulation of content streamed on over-the-top (OTT) platforms, with the Ministry of Information and Broadcasting holding several discussions with the Ministry of Electronics and Information Technology on possible legislative changes, according to officials familiar with the matter.
The government is examining how the existing framework can be strengthened to address complaints relating to online content, while determining the appropriate role for platforms, grievance redressal mechanisms and government oversight.
The discussions have focused on whether existing laws can be amended to bring greater clarity to the regulation of OTT content or whether a separate statutory framework is required. The move comes amid a steady flow of public representations seeking greater oversight of content available on streaming platforms. The Central Board of Film Certification (CBFC) examines films intended for public exhibition in theatres. OTT content, however, is not subject to the same pre-certification process and is governed primarily by provisions under the Information Technology Act and the rules framed under it. However, the current framework operates under the IT Act rather than through a dedicated statute specifically designed to regulate OTT content. The distinction has become central to discussions on whether a more comprehensive legal framework is needed. The proposal was not enacted as a comprehensive replacement for the existing framework.
The rules therefore provide for self-classification, grievance redressal and government oversight. The Ministry of Information and Broadcasting has received more than 1,000 representations a month over the past six months, the official said. The representations have brought renewed attention to the distinction between films released in theatres, which are subject to certification under the Cinematograph Act, 1952, and content made available directly to viewers through digital streaming services. A draft Broadcasting Services (Regulation) Bill, released for consultation in 2023, sought to address the regulation of broadcasting services, including OTT platforms.
Potential solutions include either amending the Cinematograph Act or the Information Technology Act, an official familiar with the matter said.
The government has previously considered broader legislation covering broadcasting services.
