Centre to refer 'Satluj' to committee under IT Rules after takedown

The Centre plans to refer the Diljit Dosanjh-starrer "Satluj" to an Inter-Departmental Committee (IDC) constituted under the IT Rules 2021 for a detailed examination and future course of action, government sources said on Tuesday, two days after streaming platform ZEE5 was directed to take down the film over "security concerns".

The film, which was earlier titled "Punjab '95" and details the life of activist Jaswant Singh Khalra in Punjab in the turbulent 1990s when the state was reeling under terrorism, was stuck with the censors for more than three years. Released uncut on ZEE5 under the new title of "Satluj" on July 3, the film was removed from the platform on July 5.

 

Sources said the matter will now be examined by the IDC, a committee constituted under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to consider grievances relating to content published by OTT platforms and digital news publishers and make recommendations 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, besides such other ministries and domain experts as the government may decide.

The committee may recommend a range of measures, including warnings, an apology or disclaimer, reclassification or modification of content and, where warranted, deletion or blocking of content under Section 69A of the Information Technology Act.

OTT content does not fall within the CBFC's certification regime and is regulated under Part III of the IT Rules, 2021.

The rules prescribe a Code of Ethics requiring publishers to exercise due caution while publishing content affecting the sovereignty and integrity of India, 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 rules, however, also contain an emergency provision. Rule 16 provides that in cases of an emergency where no delay is acceptable, an authorised officer may examine the content 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 on the OTT platform under the title 'Satluj' without the cuts proposed by the Central Board of Film Certification (CBFC) when the makers had sought certification for its theatrical release as 'Punjab 95' in 2022.

"They kept sitting on the suggested cuts and eventually released the movie quietly on OTT with a new title. OTT does not come under the CBFC's jurisdiction. When the matter came to the government's notice, ZEE5 was asked to take it down.

"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.

The Honey Trehan-directed film depicts 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 in prison. Two years later, the Punjab and Haryana High Court enhanced their sentence to life imprisonment.