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The Supreme Court of the country has adopted a very strict and historic stance regarding the regulation of content being served on digital platforms and OTT Platforms. Expressing deep displeasure over the open violation of Film Certification Rules, the Supreme Court has made it clear that screening any film or streaming it on OTT without a valid Censor Certificate is completely illegal.
This sharp comment of the court on the controversial film ‘Sutlej’ Came during the ongoing hearing regarding. The film is accused of being released on a major OTT platform without the necessary legal certification. The Supreme Court has made clear the complete outline of the rights and duties of the Central Government, State Governments and the digital platforms themselves in this matter by fixing their legal accountability.
Screening without necessary certificate is completely illegal: Supreme Court
During the hearing, the Chief Justice’s bench said in clear words that the law of the country is equal for everyone. Before any film can be publicly displayed or delivered to the audience through digital medium, it is mandatory to have a certificate from the Central Board of Film Certification (CBFC). Any streaming without this will be considered a direct violation of the law.
These comments of the Supreme Court are being considered very important in terms of legal accountability and release of films on digital platforms in future:
1. Primary responsibility of the state government to take criminal action
The Supreme Court made it clear that if a film is released without the approval of the Censor Board or by ignoring the rules, then action will be taken to maintain law and order and prosecute the culprits. Criminal Action The primary responsibility for this lies with the concerned state government. State governments should immediately take strict action in such cases without any laxity.
2. The central government has full authority to take down content.
The court also made it clear that the central government cannot remain a mute spectator in case of violation of rules. The Central Government has the legal right to direct the immediate removal of any film or objectionable content being streamed without certification from the platform.
Appreciation of prompt role of Centre: The Supreme Court acknowledged that in the case of ‘Sutlej’ film, the Central Government intervened timely and took necessary steps to remove the film. This makes it clear how important the role of the Center is in monitoring the digital space.
3. OTT platforms in the dock; Intermediary role will be investigated
The court indicated that in this entire controversy, not only the film makers but also the role of the digital platform (intermediary) which made the film live on its app without valid documents can be thoroughly investigated. The court said that in the digital age, platforms cannot shirk their responsibilities. In such cases, it is necessary to fix the liability of the concerned platforms and legal action is also being considered against them.
Debate on OTT regulation and censorship heats up again
After this tough stance of the Supreme Court, once again the debate regarding the scope of regulation and censorship of OTT platforms has intensified in the country. Till now, OTT platforms have largely been working under self-regulation, but after this new case, it is believed that in the coming days, the certification rules for films and web series released on digital mediums will be made more strict.