Allahabad HC Questions Centre on Film Certification for OTT and Social Media Platforms

The Lucknow bench of the Allahabad High Court has raised critical questions regarding the authority responsible for certifying films displayed on Over-The-Top (OTT) and social media platforms. The High Court has directed the Centre and the Central Board of Film Certification (CBFC) to clarify whether CBFC or any other entity certifies such content.

The directive came during the hearing of a Public Interest Litigation (PIL) filed by Dipankar Kumar, who alleged that the Hindi adaptation of the Telugu movie ‘Dhee Ante Dhee,’ titled ‘Taktavar Policewala,’ contains objectionable remarks about people from Bihar. Kumar contended that the film, originally released in Telugu in 2015, is accessible on YouTube and has demanded the cancellation of its censor board certificate.

A bench comprising Justices Rajan Roy and Om Prakash Shukla has scheduled the next hearing for August 13, 2024. The court’s order emphasizes the necessity for a comprehensive regulatory framework governing digital content.

The High Court appointed Advocate General Kuldeep Pati Tripathi as amicus curiae to assist in the case. After reviewing the film, Tripathi reported that it contains dialogues which could incite regional discrimination and social unrest.

In response, the court has requested detailed affidavits from the Ministry of Information and Broadcasting and the CBFC to explain the current certification process for OTT and social media content. Furthermore, the court has warned that failure to provide a satisfactory response by the next hearing will necessitate the presence of a gazetted officer from the CBFC via video conferencing.

This inquiry by the High Court underscores the evolving challenges in regulating digital content, particularly given the widespread reach and influence of OTT platforms and social media. The decision could have significant implications for how digital content is monitored and certified in the future, aiming to balance creative freedom with societal responsibility.

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