Centre Explores Legal Framework To Plug Regulatory Gap In OTT Content

The government is working on a mechanism to address gaps in the regulation of content streamed on over-the-top (OTT) platforms, with the Ministry of Information and Broadcasting holding several discussions with the Ministry of Electronics and Information Technology on possible legislative changes, according to officials familiar with the matter.

The discussions have focused on whether existing laws can be amended to bring greater clarity to the regulation of OTT content or whether a separate statutory framework is required. Potential solutions include either amending the Cinematograph Act or the Information Technology Act, an official familiar with the matter said.

The move comes amid a steady flow of public representations seeking greater oversight of content available on streaming platforms. The Ministry of Information and Broadcasting has received more than 1,000 representations a month over the past six months, the official said. 

"The representations include asking for regulation on the basis of obscenity, vulgarity among others," the official added.

The representations have brought renewed attention to the distinction between films released in theatres, which are subject to certification under the Cinematograph Act, 1952, and content made available directly to viewers through digital streaming services.

The Central Board of Film Certification (CBFC) examines films intended for public exhibition in theatres. OTT content, however, is not subject to the same pre-certification process and is governed primarily by provisions under the Information Technology Act and the rules framed under it.

The government is examining how the existing framework can be strengthened to address complaints relating to online content, while determining the appropriate role for platforms, grievance redressal mechanisms and government oversight.

READ | Exclusive: New Crackdown On Pesky Spam To Include OTT And Messaging Apps

The prevailing view in the discussions is that self-regulation should remain the primary mechanism for addressing complaints. This would be followed by a grievance redressal system, with ministerial intervention at the final stage, where required.

The proposed approach would place the responsibility for addressing complaints first on streaming platforms, followed by an escalation mechanism for unresolved grievances. Government intervention would form the final layer of oversight rather than the first point. 

At present, OTT platforms are governed by Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, notified under the Information Technology Act, 2000. The rules were framed through consultations involving the Ministries of Electronics and Information Technology and Information and Broadcasting, with the latter entrusted with administering the provisions relating to digital media and OTT platforms, and set out the framework.

The rules prescribe a Code of Ethics for publishers of online curated content and require platforms to classify content into five age-based categories: U, U/A 7+, U/A 13+, U/A 16+ and A. They also require content ratings and relevant descriptors to be displayed to viewers, parental locks for content classified U/A 13+ and above, and reliable age verification mechanisms for adult-rated content.

The framework also establishes a three-tier grievance redressal mechanism. At the first level, platforms must appoint a grievance officer in India and decide complaints within 15 days. At the second level, complaints can be escalated to a self-regulatory body. The third level comprises a government oversight mechanism, including an Inter-Departmental Committee.

The rules therefore provide for self-classification, grievance redressal and government oversight. However, the current framework operates under the IT Act rather than through a dedicated statute specifically designed to regulate OTT content. The distinction has become central to discussions on whether a more comprehensive legal framework is needed.

The regulatory question arises partly from the different legal treatment of content distributed through theatres and digital platforms. Films intended for theatrical release fall under the Cinematograph Act and the CBFC certification process, while OTT services operate under a framework based on content classification, platform-level compliance and grievance redressal.

This creates a difference in the regulatory mechanisms applicable to the two forms of distribution. The issue under examination is whether existing provisions adequately address complaints about obscenity, vulgarity and other objectionable material on streaming platforms, or whether additional legislative provisions are necessary.

The government has previously considered broader legislation covering broadcasting services. A draft Broadcasting Services (Regulation) Bill, released for consultation in 2023, sought to address the regulation of broadcasting services, including OTT platforms. The proposal was not enacted as a comprehensive replacement for the existing framework. 

In March 2026, a parliamentary committee also flagged regulatory gaps concerning online media and OTT platforms. The Ministry of Information and Broadcasting acknowledged that broader measures were being explored, and noted that action against unlawful online content continues under existing legal provisions.