### OTT Content Regulation: Government Clarifies CBFC's Non-Jurisdiction The Indian government has officially stated that Over-The-Top (OTT) content will not be subject to censorship by the Central Board of Film Certification (CBFC). Instead, it will be governed by a three-tier regulatory framework established under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This decision aims to ensure that OTT platforms maintain a level of accountability while allowing for creative freedom in content creation. The clarification comes in response to previous concerns regarding the regulation of online content, particularly following warnings issued to OTT platforms about streaming prohibited material [https://www.newindianexpress.com/nation/2025/dec/18/ott-content-to-stay-outside-cbfcs-jurisdiction-confirms-centre]. ### Structure of the Regulatory Framework 1. **Non-Jurisdiction of CBFC**: The CBFC will not oversee OTT content, which means no pre-censorship is required for streaming platforms [https://www.moneycontrol.com/entertainment/ott/ott-content-to-remain-outside-cbfc-purview-government-introduces-3-tier-guidelines-under-it-rule-article-13730303.html]. 2. **Three-Tier Mechanism**: The regulation will follow a three-tier self-regulation framework: - **Self-Regulation by Publishers**: OTT platforms will classify their content based on age and adhere to community standards [https://www.indianexpress.com/article/entertainment/bollywood/ott-not-come-under-cbfc-will-be-regulated-under-it-rules-information-broadcast-ministry-10426301]. - **Self-Regulating Bodies**: These bodies will oversee compliance and address grievances from users [https://www.bizzbuzz.news/ott/cbfc-has-no-authority-over-ott-content-streaming-platforms-governed-by-it-rules-clarifies-centre-1382048]. - **Government Oversight**: The central government will maintain an oversight role to ensure adherence to the established guidelines [https://www.hindustantimes.com/india-news/ott-content-to-remain-outside-cbfc-purview-government-introduces-3-tier-guidelines-under-it-rule-article-13730303.html]. 3. **Accountability Measures**: Platforms with over 5 million users must appoint local compliance officers and publish regular reports to ensure transparency and accountability [https://www.broadcastandcablesat.co.in/ott-content-not-under-censor-board-regulated-under-it-rules-centre]. ### Supporting Evidence and Data - **Clarification Dates**: The government made these clarifications on December 17, 2025, during a session in the Lok Sabha, emphasizing the need for a structured approach to content regulation [https://www.devdiscourse.com/article/law-order/3733298-government-explains-cbfc-role-and-ott-content-regulation-framework]. - **Compliance Requirements**: The new rules require OTT platforms to self-classify content and establish grievance redressal mechanisms, which are essential for user safety and content appropriateness [https://www.cinemaexpress.com/hindi/news/2025/dec/18/ott-content-to-not-be-under-cbfcs-purview-will-continue-to-be-regulated-by-it-rules-ib-ministry]. - **Impact on Content Creation**: This regulatory framework aims to balance creative freedom with legal compliance, allowing for diverse content while ensuring it adheres to community standards [https://www.economictimes.indiatimes.com/industry/media/entertainment/ott-platforms-will-continue-to-remain-outside-the-jurisdiction-of-cbfc/articleshow/126037337.cms]. ### Conclusion: A New Era for OTT Content Regulation In summary, the Indian government's decision to keep OTT content outside the CBFC's jurisdiction marks a significant shift in content regulation. The three-tier self-regulatory framework aims to provide a balanced approach that prioritizes both creative expression and user safety. 1. **No CBFC Censorship**: OTT platforms will not require CBFC certification, allowing for greater creative freedom [https://www.hindubusinessline.com/info-tech/ib-ministry-clarifies-ott-content-outside-cbfc-jurisdiction/article70408326.ece]. 2. **Structured Oversight**: The introduction of a three-tier mechanism ensures accountability while allowing platforms to self-regulate [https://scroll.in/latest/1089382/ott-content-to-remain-outside-jurisdiction-of-censor-board-clarifies-centre]. 3. **User Safety Focus**: The new regulations aim to protect users, particularly vulnerable groups, by enforcing compliance and accountability measures [https://www.moneycontrol.com/entertainment/ott/ott-content-to-remain-outside-cbfc-purview-government-introduces-3-tier-guidelines-under-it-rule-article-13730303.html]. This regulatory framework is expected to evolve as the digital landscape continues to change, reflecting the government's commitment to adapting to new challenges in content consumption.