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The Central Board of Film Certification (CBFC) does not have control over content streaming on over-the-top (OTT) platforms.
The CBFC is a statutory body constituted under the Cinematograph Act, 1952.
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The Ministry of Information and Broadcasting (MIB) declared on Wednesday that the Central Board of Film Certification (CBFC) would not pre-certify or censor content on Over-The-Top (OTT) streaming services, reiterating that this area is outside the scope of its legal authority.
According to the ministry, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, remain the regulating instrument for digital streaming content.
This decision comes at a time when the debate on the regulation of online content is very active as a result of the fights over offensive or divisive content on platforms like YouTube. The government stated that while the liberty of creating is safeguarded, the OTT providers have to conform to a Code of Ethics and a well-organised three-tier regulatory system that will ensure their accountability and observance of the law.
CBFC’s Jurisdiction Limited to Theatrical Films
In a written response to the Lok Sabha, the Union Minister of State for Information and Broadcasting Dr L. Murugan mentioned that the CBFC’s jurisdiction is limited to films released in theatres as per the Cinematograph Act, 1952. Content is not covered which is streamed on over-the-top (OTT) services such as YouTube, Netflix, Amazon Prime Video, and Jio Hotstar.
Therefore, the minister’s statement has clarified that film censorship through traditional means and CBFC pre-certification do not apply to digital content. The minister’s clarification in the current regulatory environment in India has strengthened the legal demarcation between the distribution of online material and theatrical releases.
In February 2025, OTT platforms received a warning from the Ministry of Information and Broadcasting not to broadcast “content that is prohibited by law.” This came after explicit sexual remarks made on India’s Got Latent sparked an uproar.
Code of Ethics and Classification Requirements
Rather than film certification, OTT platforms must adhere to a Code of Ethics under the IT Rules, which mandates that they classify all shows and films according to age and refrain from releasing anything illegal.
This system is set up to inform viewers, especially children, about the appropriateness of the content they are to watch, and it tries to maintain the balance between creative freedom and protection from illegal, offensive, or dangerous content.
Additionally, platforms must uphold grievance redressal procedures and take down illegal information within the allotted period when legitimate complaints are made.
“The Code of Ethics requires OTT platforms to avoid publishing content prohibited by law and undertake age-based classification of content as per the guidelines in the Rules,” the Ministry of Information and Broadcasting noted.
Three-Tier Grievance Redressal Mechanism Explained
The three-tier regulatory framework under the IT Rules 2021, which is designed to ensure the processing of public grievances as well as provide accountability without centralised censorship, is as follows:
Level-I (Self-Regulation): At this level, OTT publishers deal with complaints on the platform, thereby solving the issues themselves.
Level-II (Self-Regulatory Bodies): When an issue remains unresolved, the complainants refer it to the industry-led self-regulatory bodies set up by the platforms.
Level-III (Government Oversight): The cases of persistence or seriousness of grievances are transferred to the Central Government for intervention and execution.
December 19, 2025, 16:09 IST
