The Centre plans to refer the Diljit Dosanjh-starrer Satluj to an Inter-Departmental Committee (IDC) constituted under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for a detailed examination and further action, PTI said quoting government sources.
The move comes two days after streaming platform ZEE5 was directed to remove the film over “security concerns”.
The film, earlier titled Punjab ’95, is based on the life of activist Jaswant Singh Khalra during the militancy-hit period in Punjab in the 1990s. After remaining with the censors for over three years, it was released uncut on ZEE5 under the new title Satluj on July 3 before being taken down on July 5.
According to PTI, the matter will now be examined by the IDC, which has been constituted under the IT Rules, 2021, to consider grievances related to content published by OTT platforms and digital news publishers and recommend an appropriate course of action to the ministry of information and broadcasting.
The committee comprises representatives from the ministries of information and broadcasting, home affairs, electronics and information technology, women and child development, external affairs, defence, and law and justice, along with other ministries and domain experts as decided by the government.
The IDC can recommend measures including warnings, an apology or disclaimer, reclassification or modification of content and, where necessary, deletion or blocking of content under Section 69A of the Information Technology Act.
Unlike theatrical releases, OTT content does not fall under the certification regime of the Central Board of Film Certification (CBFC) and is governed by Part III of the IT Rules, 2021.
The rules prescribe a Code of Ethics requiring publishers to exercise due caution while publishing content affecting India's sovereignty and integrity, the security of the State, friendly relations with foreign countries or public order, among other grounds.
However, the operation of the Code of Ethics was stayed by the Bombay High Court in 2021, with the Madras High Court later clarifying that the stay would have a pan-India effect.
The IT Rules also contain an emergency provision under Rule 16, which allows an authorised officer to examine online content in cases where no delay is acceptable and determine whether it falls within the grounds specified under Section 69A(1) of the Information Technology Act.
If satisfied that blocking the content is necessary and justified, the officer may submit a written recommendation to the Secretary, Ministry of Information and Broadcasting.
Section 69A empowers the government to block online content on grounds including India's sovereignty and integrity, defence, security of the State, friendly relations with foreign States and public order.
Government sources had on Monday said ZEE5 was directed to remove the film after it came to the government's notice that it had been released under the title Satluj without incorporating the cuts proposed by the CBFC when the makers had sought certification for a theatrical release as Punjab ’95 in 2022.
“The direction was given due to security concerns. The OTT platform was asked to follow the obligations under intermediary guidelines. If they want to release the film in theatres and OTT, they should follow the laid down norms,” an official had told PTI.
Directed by Honey Trehan, the film chronicles the life of human rights activist Jaswant Singh Khalra, who investigated the cremation of thousands of unidentified bodies in Punjab between 1984 and 1994. Khalra was abducted in 1995 and never seen again.
In 2005, four Punjab Police personnel were convicted for his abduction and murder and sentenced to seven years' imprisonment. The Punjab and Haryana High Court enhanced their sentence to life imprisonment in 2007.
