Cinematography Act & its application on OTT: A move in the right direction?

As per the recent PIL filed at the Karnataka High Court, seeking regulation of content on video streaming platforms like Netflix, Amazon Prime, Voot, Eros Live, to name a few. The profanity displayed in these platforms didn’t go down well with certain naysayers of the society, which led to the current dilemma of the Cinematography Act, 1952. 

In a nutshell, the content displayed is being accused of obscenity, vulgarity and against the rules of Indian broadcast regulation. Even the entertainment section and the live dramatics isn’t spared of the legal moralities and is under scrutiny in case of a minor digression. 

While the movie makers are constantly treading the delicate balance between their creation and the national film regulation code of conduct, online content has been free of such bonds and continues to make content without the viability of scores of approvals. It is interesting to note that the moving images on the internet today have a free rein and with the internet slowly making its way into the lives of the viewers and replacing the conventional modes of entertainment, the restrictions in the Indian legal toolkit are now being tweaked to assert control over the display. This, they do not realise can have an adverse impact on creativity and diversity that these platforms offer to the novel creators or those looking into formulating a brand new niche. 

What we had so far 

The requirement as per the Cinematograph Act, 1952, the film to be released needs to obtain a certificate from the CFBC, which holds the power to eliminate the ‘undesirable’ content, shave off some parts or on a whole, cancel the release a it deems necessary. They can even direct the producers and directors about the film’s progression which might hamper the way the art was meant to be created. Pre-censorship, unsurprisingly can be considered as a restraint that inhibits the creative freedom. 

The regulation can be traced back to the 20th century and is often used as a repressive tool to curtail the type of content being created for the novel audience. Going a notch above the conventional, the internet is also breaking barriers with gamified and interactive broadcasting content that can give the existing players a run for their money. Moreover, with more and more consumers turning towards mobile friendly content and accessing traditional broadcast through app based platforms, the popular poll is tilting in the favour of contemporary mediums. There is no more a distinct line between the online and traditional media. 

This, however, doesn’t justify the contemplation based upon the type of content. Platforms like Netflix go above and beyond to adhere to the broadcasting and government authority of the countries to ensure a 100% compliance and the otherwise gaping loopholes. Such platforms have in-built segregated content that can be regulated for the viewership based on their age and preferences. Things can be regulated internally but it is highly unlikely that the government is ready to give up control easily, even though the medium is new age internet. 

Not to mention that the current administration is highly ill equipped to handle the new notions of the digital platform and cannot direct the rules that do not fall under the reign of the old ideas. However, history does indicate instances that were a part of an attempt to curb the new ideas but sank without a trace. The jurisdiction tends not to undertake clauses that indicate a pathway for super regulatory parameters that can access control. 

What does the future hold? 

As mentioned, the new digital domain nullifies the age old telecommunication guidelines, which still require a revamp to structure the case around the entirety of the movies or entertainment displayed on the platform. Not to mention, the audience of today understands the demarcation of right & wrong and upholds its right to freedom to a great extent. Internet based platforms are the entertainment lifelines of the current generation and filtering the content can lead to the nullification of what the platform is most popular for. It will indeed be a death of creativity by subjecting every element to scrutiny, which will ultimately lead to yet another drab portrayal of content that the Indian viewership is so ferevelant to trudge out of. 

We are yet to assess the turn this motive will take. Considering the fact that there are liberal mindsets in authority that understand the need to embrace the novelty, but there are regulations that amplify on the need to profess regulation everywhere. It is no doubt difficult to foresee the outcome of the forms which are born out of an impulsive act to authorise dominance and control over the public domain and choices. Time and opinions of the stakeholders will clarify the future take on this decision. 

(Sonam Chandwani, Managing Partner at KS Legal, is a legal Philomath and savant who is consumed by complexities and variances of the Indian judicial system.)