OTT platforms in the soup after theatrical films come on the radar

NEW DELHI :Video streaming platforms that were already careful when it came to addressing political or religious themes in the originals they commissioned, have now found themselves in the soup with films that were released in theaters after the approval of the censorship board appeared on the radar. OTT. Until now, mainstream cinema films were considered a safer bet as they were already exposed to a wider audience and had been approved by the censor board, but the recent removal of Tamil films Annapoorani-The Goddess of Food by Netflix after a backlash from Hindu groups has left streaming platforms vulnerable. Content creators and streaming platforms now fear a separate certification and censorship process for OTT content, hints of which are already present in parts of the broadcasting bill.

The film starring Nayanthara, which was acquitted by the censor board and released in theaters in December, was removed from the streaming platform at the request of producer Zee Studios after members of hardline Hindu groups opposed the plot. which centers on a Hindu Brahmin woman. her going against her family’s religious beliefs by cooking and eating meat. Some scenes, including one in which the actor is shown offering namaz before making biryani, have been accused of hurting religious sentiments.

“In any case, streaming platforms have stopped experimenting and touching on topics related to politics or religion. Incidents like this will only ensure that no innovation happens in OTT, as has happened with television for several years. But it is a very complicated situation because until now everyone thought that it made sense to bring a film to theaters first, since the approval of the censorship board acts as a shield,” said a senior executive of a streaming platform, under condition of anonymity.

The person added that the pre-certification body proposed by the broadcasting bill is a step in this direction, and there could soon be a model to recertify films for OTT, a practice already in place on television. However, such a body will not only curb creative expression, but will also be difficult and expensive to establish, the person added.

“The ongoing debate over creative freedom versus controversy intensifies with the introduction of the Broadcasting Services (Regulation) Bill, 2023 in November. “This bill requires OTT platforms to align with traditional streaming regulations, sparking debates about its potential impact on licensed content,” agreed Gaurav Sahay, practice head (technology and general corporations), Fox Mandal & Associates.

To be sure, experts in the film trade pointed out cases of films being opposed by religious, political and other groups despite clearance from the censor board in recent years. For example, several Rajput caste organizations had protested against the period drama Padmaavat, alleging that the film portrays Padmavati, a Rajput queen, in a bad light. Many states even banned the film. However, an executive at another streaming platform said that this is a unique situation, since services like theirs do not have creative control over the films that were released in theaters and, in this case, they had a smooth and uneventful development. controversies.

“It is not possible for us to sit and watch every film we acquire. It is supposed to have been approved by the censorship board and we accept the version that the producers gave us. With our own originals, the issue is completely different,” the person said, on condition of anonymity.

In the past, OTT originals like tandav, Leila, Ashram and Sacred Games have generated controversy and scrutiny with the Amazon Prime Video team, even changing parts of tandav after the intervention of FIR and I&B.

Tahira Karanjawala, partner at Karanjawala & Co., said the CBFC works within the legal contours defined in the Cinematography Act, 1952 and the principles prescribed therein.

“However, such certification under the 1952 Act has so far not regulated content, including feature films, being streamed on OTT platforms. Therefore, the said controversy has provided an avenue to ensure that a designated authority is established to specifically examine the certification of feature films on OTT platforms. “The Broadcasting Services (Regulation) Bill, 2023 aims to close this gap through a program code to be prescribed by the Ministry of Information and Broadcasting,” Karanjawala said.

Such a Program Code can provide a broader base of factors to be considered when certifying films and can, in the future, minimize the chances of such controversies coming to the fore, it added.

“However, the State, as well as other stakeholders, will have to exercise caution in establishing such rules, as they tend to restrict creative freedom and expression, a highly valued legal and fundamental right,” he noted.