High Court Questions Centre on Film Certification Authority for OTT, Social Media

The Lucknow bench of the Allahabad High Court has recently raised a question to the Centre regarding the certification process for films displayed on OTT (Over-the-Top) and social media platforms. This inquiry specifically targets the authority responsible for film certification, questioning whether the Central Board of Film Certification (CBFC) holds the authority to certify content for these platforms as well.

In a significant move, the court has requested both the Centre and CBFC to submit a counter affidavit. This document is expected to clarify if there exists an alternative arrangement for the certification of OTT films or if CBFC's jurisdiction extends to these platforms too. The next hearing on this matter has been scheduled for August 13, 2024.

This development came about as a result of a Public Interest Litigation (PIL) filed by Dipankar Kumar. The PIL highlights objectionable remarks made about the people of Bihar in "Taktavar Policewala," a Hindi adaptation of the 2015 Telugu movie "Dhee Ante Dhee." The petitioner has raised concerns over the film, which is accessible on YouTube, and has called for the revocation of its censor board certificate.

During the proceedings, the court appointed advocate general Kuldeep Pati Tripathi as amicus curiae, entrusting him with the task of assisting in the case. After reviewing the film, Tripathi reported back to the court, indicating that the film indeed contains dialogues that could potentially incite regional discrimination, sow seeds of bitterness among individuals from different states, and disturb public peace.

In response to these findings, the court has sought an explanation from both the Ministry of Information and Broadcasting and CBFC. Furthermore, it was made clear by the court that should there be no reply by the next hearing, a gazetted officer from CBFC must attend the hearing via video conferencing. This directive underscores the court's intent to delve deeper into the regulatory mechanisms governing content on emerging digital platforms.

The inquiry by the Allahabad High Court marks a critical point in understanding and possibly redefining film certification boundaries in India. As digital consumption continues to rise, this case could set a precedent for how content is regulated on OTT and social media platforms in the future.