Legal questions behind the row over Satluj movie | Explained
The story so far: ZEE5 removed the film Satluj from its OTT offerings soon after premiering it. While the filmmakers have said the government ordered
The story so far: ZEE5 removed the film Satluj from its OTT offerings soon after premiering it. While the filmmakers have said the government ordered the removal, reports have suggested that a Centre-appointed committee is examining the film under Section 69A of the Information Technology Act, though no official blocking order has been made public. Why was Satluj removed from ZEE5? What do we know so far? Satluj, directed by Honey Trehan and starring Diljit Dosanjh, premiered on ZEE5 on July 3 after years of delays over a certification dispute with the Central Board of Film Certification (CBFC). However, within two days, the platform removed the film from its India catalogue while continuing to stream it internationally through ZEE5 Global. ZEE5 responded that the film has been removed citing “current developments”. In a statement shared on Instagram, the streaming platform wrote: “In light of the current developments, ‘Satluj’ will be unavailable in India until further notice. We remain committed to exploring every appropriate avenue through due process to bring the film back to our audiences at the earliest opportunity.” The film’s OTT release came after years of controversy. Originally scheduled for a theatrical release in India, it hit roadblocks with CBFC. As per reports, the Board recommended a total of 127 cuts before granting the film certification. The delays ultimately forced the makers to postpone multiple release plans. Thus, it never made its theatrical release. The film is set against the backdrop of Punjab during the insurgency years, through the life of activist Jaswant Singh Khalra.
The film explores allegations of enforced disappearances, illegal detentions and extrajudicial killings during the State’s anti-insurgency operations in the 1980s and 1990s. Can the government legally order an OTT platform to remove a film? Unlike films released in cinemas, content released directly on streaming platforms does not require prior certification from the CBFC under the Cinematograph Act, 1952. Instead, OTT platforms are regulated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. However, Section 69A of the Information Technology Act, 2000 empowers the Centre to block online content on limited grounds, including acts threatening the sovereignty and integrity of India, security of the State, defence of India, friendly relations with foreign States, and public order, or to prevent the commission of a cognisable offence. Any such blocking, however, must follow the procedure and safeguards prescribed under law. What legal safeguards apply before online content can be blocked? According to Apar Gupta, advocate and founder of the Internet Freedom Foundation, if the reported action against Satluj has been initiated under Section 69A read with the IT Rules, 2021, the government is expected to follow certain “procedure and safeguards”. Mr. Gupta explains that this includes a reasoned written order explaining how the content falls within one of the statutory grounds under Section 69A(1), an opportunity for the publisher to be heard, and review by the designated committee. He points out that the Supreme Court, in Shreya Singhal v. Union of India (2015), upheld Section 69A because these procedural safeguards, including recorded reasons and an opportunity for hearing, formed part of the statutory framework.
The BriefWire