OTT Content Not Under Censor Board, Regulated Under IT Rules: Centre

In a move aimed at curbing obscenity and making the internet safe for users, including women and children, the Centre has listed norms, making it mandatory for social media platforms with over 50 lakh users to appoint local officers and publish compliance reports. A minister has also told the Parliament that OTT content on platforms like Netflix and Amazon Prime will not be under the jurisdiction of the Central Board of Film Certification (CBFC), commonly known as the censor board, but will be regulated under the IT rules.

In a statement on Wednesday afternoon, based on a reply in the Lok Sabha by the junior Minister of Information and Broadcasting, L Murugan, the ministry said OTT content is regulated under Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Code of Ethics in the rules, it said, requires OTT platforms to avoid publishing content prohibited by law and classify content based on the ages it is appropriate for. 

The rules have a three-tier mechanism for regulating content norms and for addressing public grievances. The first level is self-regulation by the platform, the second is oversight by the self-regulating bodies of the platforms, and the third is oversight by the Centre. 

The minister said the Centre has disabled access to 43 OTT platforms for displaying obscene content.

In a separate reply in the Lok Sabha, Minister Murgan said the IT Act and the IT rules together have laid down a stringent framework to deal with unlawful and harmful content on the internet. 

The IT rules, he said, prohibit the storing, transmission and publishing of content that is obscene, harmful to children, threatens national security or violates any laws. Deepfakes that deceive or mislead, and content using AI to impersonate others are also restricted. 

Stating that platforms, also known as social media intermediaries, have to appoint Grievance Officers, the minister said they are required to resolve complaints by removing unlawful content within 72 hours. The timeline for content "violating privacy, impersonating individuals, or showing nudity" is even more stringent, at 24 hours. 

Significant social media intermediaries, or those with over 50 lakh users, are required to use automated tools to detect and curb the spread of unlawful content. They also have to appoint local officers and publish compliance reports. 

Under the rules, platforms that offer messaging services are also required to help law enforcement agencies trace the originators of "serious or sensitive" content, the minister said. 

"In case of failure of the intermediaries to observe the legal obligations as provided in the IT Rules, 2021, they lose their exemption from third party information provided under Section 79 of the IT Act. They are liable for consequential action or prosecution as provided under any extant law," he said in the reply.