[September 2-9] CCG’s Week in Review: Curated News in Information Law and Policy

This week, Delhi International Airport deployed facial recognition on a ‘trial basis’ for 3 months, landline communications were restored in Kashmir as the Government mulls over certification for online video streaming platforms like Netflix and PrimeVideo – presenting this week’s most important developments in law, tech and national security.

Aadhaar

  • [Sep 3] PAN will be issued automatically using Aadhaar for filing returns: CBDT, DD News report.
  • [Sep 3] BJD set to collect Aadhaar numbers of its members in Odisha, Opposition parties slam move, News 18 report; The New Indian Express report; Financial Express report.
  • [Sep 5] Aadhaar is secure, says ex-UIDAI chief, Times of India report.
  • [Sep 5] Passport-like Aadhaar centre opened in Chennai: Online appointment booking starts, Livemint report.
  • [Sep 8] Plans to link Janani Suraksha and Matra Vandan schemes with Aadhaar: CM Yogi Adityanath, Times of India report.

Digital India

  • [Sep 5] Digital media bodies welcome 26% FDI cap, Times of India report.
  • [Sep 6] Automation ‘not  threat’ to India’s IT industry, ET Tech report.
  • [Sep 6] Tech Mahindra to modernise AT&T network systems, Tech Circle report.

Data Protection and Governance

  • [Sep 2] Health data comes under the purview of Data Protection Bill: IAMAI, Inc42 report.
  • [Sep 2] Credit history should not be viewed as sensitive data, say online lenders, Livemint report.
  • [Sep 3] MeitY may come up with policy on regulation of non-personal data, Medianama report.
  • [Sep 3] MeitY to work on a white paper to gain clarity on public data regulations, Inc42 report.
  • [Sep 6] Treating data as commons is more beneficial, says UN report, Medianama report.
  • [Sep 9] Indian Government may allow companies to sell non-personal data of its users, Inc42 report, The Economic Times report.
  • [Sep 9] Tech firms may be compelled to share public data of its users, ET Tech report.

Data Privacy and Breaches

  • [Sep 2] Chinese face-swap app Zao faces backlash over user data protection, KrAsia report; Medianama report.
  • [Sep 2] Study finds Big Data eliminates confidentiality in court judgments, Swiss Info report.
  • [Sep 4] YouTube will pay $170 million to settle claims it violated child privacy laws, CNBC report; FTC Press Release.
  • [Sep 4] Facebook will now let people opt-out of its face recognition feature, Medianama report.
  • [Sep 4] Mental health websites in Europe found sharing user data for ads, Tech Crunch report.
  • [Sep 5] A huge database of Facebook users’ phone numbers found online, Tech Crunch report.
  • [Sep 5] Twitter has temporarily disabled tweet to SMS feature, Medianama report.
  • [Sep 6] Fake apps a trap to track your device and crucial data, ET Tech report.
  • [Sep 6] 419 million Facebook users phone numbers leaked online, ET Tech report; Medianama report
  • [Sep 9] Community social media platform, LocalCircles, highlights data misuse worries, The Economic Times report.

Free Speech

  • [Sep 7] Freedom of expression is not absolute: PCI Chairman, The Hindu report.
  • [Sep 7] Chennai: Another IAS officer resign over ‘freedom of expression’, Deccan Chronicle report.
  • [Sep 8] Justice Deepak Gupta: Law on sedition needs to be toned down if not abolished, The Wire report.

Online Content Regulation

  • [Sep 3] Government plans certification for Netflix, Amazon Prime, Other OTT Platforms, Inc42 report.
  • [Sep 4] Why Justice for Rights went to court, asking for online content to be regulated, Medianama report.
  • [Sep 4] Youtube claims new hate speech policy working, removals up 5x, Medianama report.
  • [Sep 6] MeitY may relax norms on content monitoring for social media firms, ET Tech report; Inc42 report; Entrackr report.

E-Commerce

  • [Sep 4] Offline retailers accuse Amazon and Flipkart of deep discounting, predatory pricing and undercutting, Medianama report; Entrackr report.
  • [Sep 6] Companies rely on digital certification startups to foolproof customer identity, ET Tech report.

Digital Payments and FinTech

  • [Sep 3] A sweeping reset is in the works to bring India in line with fintech’s rise, The Economic Times report.
  • [Sep 3] Insurance and lending companies in agro sector should use drones to reduce credit an insurance risks: DEA’s report on fintech, Medianama report.
  • [Sep 3] Panel recommends regulating fintech startups, RBI extends KYC deadline for e-wallet companies, TechCircle report.
  • [Sep 4] NABARD can use AI and ML to create credit scoring registry: Finance Ministry report on FinTech, Medianama report.
  • [Sep 5] RBI denies action against Paytm Payments bank over PIL allegation, Entrackr report.
  • [Sep 5] UPI entities may face market share cap, ET Tech report.
  • [Sep 6] NBFC license makes fintech startups opt for lending, ET Tech report.
  • [Sep 9] Ease access to credit history: Fintech firms, ET Markets report.

Cryptocurrencies

  • [Sep 1] Facebook hires lobbyists to boost crypto-friendly regulations in Washington, Yahoo Finance report.
  • [Sep 2] US Congress urged to regulate crypto under Bank Secrecy Act, Coin Telegraph report.
  • [Sep 2] Indian exchanges innovate as calls for positive crypto regulation escalate, Bitcoin.com report.
  • [Sep 4] Marshall Islands official explains national crypto with fixed supply, Coin Telegraph report.
  • [Sep 5] Apple thinks cryptocurrency has “long-term potential”, Quartz report.
  • [Sep 5] NSA reportedly developing quantum-resistant ‘crypto’, Coin Desk report.
  • [Sep 6] Crypto stablecoins may face bottleneck, ET Markets report.

Cybersecurity

  • [Sep 3] Google’s Android suffers sustained attacks by anti-Ugihur hackers, Forbes report.
  • [Sep 4] Firefox will not block third-party tracking and cryptomining by default for all users, Medianama report.
  • [Sep 4] Insurance companies are fueling ransomware attacks, Defense One report.
  • [Sep 5] Firms facing shortage of skilled workforce in cybersecurity: Infosys Research, The Economic Times report.
  • [Sep 5] Cybersecurity a boardroom imperative in almost 50% of global firms: Survey, Outlook report; ANI report.
  • [Sep 5] DoD unveils new cybersecurity certification model for contractors, Federal News Network report.
  • [Sep 5] Jigsaw Academy launches cybersecurity certification programme in India, DQ India report.
  • [Sep 6] Indians lead the world as Facebook Big Bug Hunters, ET Tech report.
  • [Sep 6] Australia is getting a new cybersecurity strategy, ZD Net report.
  • [Sep 9] China’s 5G, industrial internet roll-outs to fuel more demand for cybersecurity, South China Morning Post report.

Tech and National Security

  • [Sep 3] Apache copters to be inducted today, The Pioneer report.
  • [Sep 3] How AI will predict Chinese and Russian moves in the Pacific, Defense One report.
  • [Sep 3] US testing autonomous border-patrol drones, Defense One report.
  • [Sep 3] Meet the coalition pushing for ‘Cyber Peace’ rules. Defense One report.
  • [Sep 4] US wargames to try out concepts for fighting China, Russia, defense One report.
  • [Sep 4] Southern Command hosts seminar on security challenges, Times of India report; The Indian Express report
  • [Sep 4] Russia, already India’s biggest arms supplier, in line for more, Business Standard report.
  • [Sep 4] Pentagon, NSA prepare to train AI-powered cyber defenses, Defense One report.
  •  [Sep 5] Cabinet clears procurement of Akash missile system at Rs. 5500 crore, Times Now report.
  • [Sep 5] India to go ahead with $3.1 billion US del for maritime patrol aircraft, The Economic Times report.
  • [Sep 5] DGCA certifies ‘small’ category drone for complying with ‘No-Permission, No-Takeoff’ protocol, Medianama report.
  • [Sep 5] India has never been aggressor but will not hesitate in using its strength to defend itseld: Rajnath Singh, The Economic Times report.
  • [Sep 5] Panel reviewing procurement policy framework to come out with new versions of DPP, DPM by March 2020, The Economic Times report; Business Standard report; Deccan Herald report.
  • [Sep 5] Russia proposes joint development of submarines with India, The Hindu report.
  • [Sep 7] Proud of you: India tells ISRO after contact lost with CHandrayaan-2 lander, India Today report.

Tech and Elections

  • [Sep 4] ECI asks social media firms to follow voluntary code of ethics ahead of state polls: report, Medianama report.
  • [Sep 6] Congress party to reorganise its data analytics department, Medianama report.
  • [Sep 5] Why the 2020 campaigns are still soft targets for hackers, Defense One report.
  • [Sep 5] Facebook meets with FBI to discuss election security, Bloomberg report.
  • [Sep 5] Facebook is making its own AI deepfakes to head off a disinformation disaster, MIT Tech Review report.

Internal Security: J&K

  • [Sep 4] Long convoy, intel failure: Multiple lapses led to Pulwama terror attack, finds CRPF inquiry, India Today report; Kashmir Media Service report; The Wire report.
  • [Sep 4] Extension of President’s Rule in Kashmir was not delayed, MHA says in report to SC lawyer’s article, Scroll.in report.
  • [Sep 6] Landline communication restored in Kashmir Valley: Report, Medianama report.
  • [Sep 7] Kashmir’s Shia areas face curbs, all Muharram processions banned, The Quint report.
  • [Sep 7] No question of army atrocities in Kashmir as it’s only fighting terrorists: NSA Ajit Doval, India Today report.
  • [Sep 8] More than 200 militants trying to cross into Kashmir from Pakistan: Ajit Doval, Money Control report.
  • [Sep 8] ‘Such unilateral actions are futile’, says India after Pakistan blocks airspace for President Kovind, Scroll.in report; NDTV report.

Internal Security: NRC

  • [Sep 2] Contradictory voices in Assam Congress son NRC: Tarun Gogoi slams it as waste paper, party MP says historic document, India Today report.
  • [Sep 3] Why Amit Shah is silent on NRC, India Today report.
  • [Sep 7] AFSPA extended for 6 months in Assam, Deccan Herald report.
  • [Sep 7] At RSS mega meet, concerns over Hindus being left out of NRC: Sources, Financial Express report.

National Security Institutions and Legislation

  • [Sep 5] Azhar, Saeed, Dawood declared terrorists under UAPA law, Deccan Herald report; The Economic Times report.
  • [Sep 8] Home Minister says India’s national security apparatus more robust than ever, Livemint report.
  • [Sep 8] Financial safety not national security reason for women to join BSF: Study, India Today report.

Telecom/5G

  • [Sep 6] Security is an issue in 5G: NCSC Pant on Huawei, Times of India report.

More on Huawei

  • [Sep 1] Huawei believes banning it from 5G will make countries insecure, ZD Net report.
  • [Sep 2] Huawei upbeat on AI strategy for India, no word on 5G roll-out plans yet, Business Standard report.
  • [Sep 3] Huawei denies US allegations of technology theft, NDTV Gadgets 260 report; Business Insider report; The Economic Times report.
  • [Sep 3] Shocking Huawei ‘Extortion and Cyberattack’ allegations in new US legal fight, Forbes report; Livemint report, BBC News report; The Verge report
  • [Sep 3] Committed to providing the most advanced products: Huawei, ET Telecom report.
  • [Sep 4] Huawei says 5G rollout in India will be delayed by 3 years if it’s banned, Livemint report
  • [Sep 4] Trump not interested in talking Huawei with China, Tech Circle report.
  • [Sep 5] Nepal’s only billionaire enlists Huawei to transform country’s elections, Financial Times report.
  • [Sep 8] Trump gets shocking new Huawei warning – from Microsoft, Forbes report.

Emerging Tech

  • [Aug 30] Facebook is building an AI Assistant Inside Minecraft, Forbes report.
  • [Sep 3] AWS partners with IIT KGP for much needed push to India’s AI skilling, Inc42 report.
  • [Sep 3] Behind the Rise of China’s facial recognition giants, Wired report.
  • [Sep 4] Facebook won’t use facial recognition on you unless you tell it to, Quartz report.
  • [Sep 4] An AI app that turns you into a movie star has risked the privacy of millions, MIT Technology Review report.
  • [Sep 6] Police use f facial recognition is accepted by British Court, The New York Times report.
  • [Sep 6] Facebook, Microsoft announce challenge to detect deepfakes, Medianama report.
  • [Sep 6] Facial recognition tech to debut at Delhi airport’s T3 terminal; on ‘trial basis’ for next three months, Medianama report.

Internet Shutdowns

  • [Sep 3] After more than 10 weeks, internet services in towns of Rakhine and Chin restored, Medianama report.
  • [Sep 4] Bangladesh bans mobile phone services in Rohingya camps, Medianama report.

Opinions and Analyses

  • [Sep 2] Michael J Casey, Coin Desk, A crypto fix for a broken international monetary system.
  • [Sep 2] Yengkhom Jilangamba, News18 Opinion, Not a solution to immigration problem, NRC final list has only brought to surface fault lines within society.
  • [Sep 2] Samuel Bendett, Defense One, What Russian Chatbots Think About Us.
  • [Sep 2] Shivani Singh, Hindustan Times, India’s no first use policy is a legacy that must be preserved.
  • [Sep 3] Abir Roy, Financial Express, Why a comprehensive law is needed for data protection. 
  • [Sep 3] Dhirendra Kumar, The Economic Times, Aadhaar is back for mutual fund investments.
  • [Sep 3] Ashley Feng, Defense One, Welcome to the new phase of US-China tech competition.
  • [Sep 3] Nesrine Malik, The Guardian, The myth of the free speech crisis.
  • [Sep 3] Tom Wheeler and David Simpson, Brookings Institution, Why 5G requires new approaches to cybersecurity.
  • [Sep 3] Karen Roby, Tech Republic, Why cybersecurity is a big problem for small businesses.
  • [Sep 4] Wendy McElroy, Bitcoin.com, Crypto needs less regulation, not more.
  • [Sep 4] Natascha Gerlack and Elisabeth Macher, Modaq.com, US CLOUD Act’s potential impact on the GDPR. 
  • [Sep 4] Peter Kafka, Vox, The US Government isn’t ready to regulate the internet. Today’s Google fine shows why.
  • [Sep 5] Murtaza Bhatia, Firstpost, Effective cybersecurity can help in accelerating business transformation. 
  • [Sep 5] MG Devasahayam, The Tribune, Looking into human rights violations by Army.
  • [Sep 5] James Hadley, Forbes, Cybersecurity Frameworks: Not just for bits and bytes, but flesh and blood too.
  • [Sep 5] MR Subramani, Swarajya Magazine, Question at heart of TN’s ‘WhatsApp traceability case’: Are you endangering national security if you don’t link your social media account with Aadhaar? 
  • [ Sep 5] Justin Sherman, Wired, Cold War Analogies are Warping Tech Policy.
  • [Sep 6] Nishtha Gautam, The Quint, Peer pressure, militant threats enforcing civil curfew in Kashmir?
  • [Sep 6] Harsh V Pant and Kartik Bommakanti, Foreign Policy, Modi reimagines the Indian military.
  • [Sep 6] Shuman Rana, Business Standard, Free speech in the crosshairs.
  • [Sep 6] David Gokhshtein, Forbes, Thoughts on American Crypto Regulation: Considering the Pros and Cons.
  • [Sep 6] Krishan Pratap Singh, NDTV Opinion, How to read Modi Government’s stand on Kashmir.
  • [Sep 7] MK Bhadrakumar, Mainstream Weekly, The Big Five on Kashmir.
  • [Sep 7] Greg Ness, Security Boulevard, The Digital Cyber Security Paradox.
  • [Sep 8] Lt. Gen. DS Hoods, Times of India, Here’s how to take forward the national security strategy.
  • [Sep 8] Smita Aggarwal, Livemint, India’s unique public digital platforms to further inclusion, empowerment. 

Streaming platforms and self-censorship: An Indian perspective

By Arpita Biswas

Introduction

In May 2017, a movie titled ‘Angry Indian Goddesses’ was released on Netflix India. A censored version of the film, originally intended for theatrical release was made available. Critics brought attention to the self-censorship Netflix was resorting to, in the absence of censorship guidelines for streaming platforms. While theatrical releases are regulated by the Central Board of Film Certification, their jurisdiction does not extend to online platforms, as was recently made evident through an RTI response from the Ministry of Information and Broadcasting. Eventually, the director of ‘Angry Indian Goddesses’ informed viewers that Netflix had insisted on making the censored version available themselves.

Other platforms like Amazon Prime and Hotstar also indulge in the precarious practice of ‘self-censorship’. As per the law, films meant for theatrical release are certified by the CBFC. Through the process of certification, the CBFC has the power to request edits to the film. However, there is no legal stipulation for streaming services to censor content as the CBFC would. In some instances, documentaries, which were not intended for theatrical release in India, were available on streaming platforms in their censored forms. This post will navigate this phenomena of self-censorship.

What is the applicable law?  

Prior to the RTI response by the Ministry of Information and Broadcasting, there has been speculation over whether streaming platforms are Internet Protocol Television services (IPTV). IPTVs in India are bound by the Cable Television Networks (Regulation) Act, 1995, and need a license provided by the Department of Telecommunications to function. However, streaming services are considered to be over-the-top (OTT) services, and are not bound by the same regulations.

The status of streaming platforms has been considered by the judiciary as well. In 2016, a petition was filed in the Delhi High Court stating that the online streaming service Hotstar had made ‘soft pornographic’ content available on their platform. The petition stated that Hotstar, as an IPTV service, was in contravention of the downlinking guidelines. In response, Hotstar debated their status as an IPTV service and also categorically stated that they did not host any content that could be considered to be ‘soft pornography’.

This case has not made any progress since 2016, and there seems to be no judicial consensus on the status of streaming platforms as IPTV service providers.

In a recent judgment titled Raksha Jyoti Foundation vs. Union of India, the Punjab and Haryana High Court made references to an affidavit filed by the CBFC which would ensure that deleted parts of a film are not further released by other means. This would be carried out through undertakings, which the directors/producers would be held to. This system would effectively ensure that uncensored films are not made available on streaming platforms. It is unclear what the current position of this censorship procedure is, but if carried out, it would be in conflict with the RTI response.

Platform specific guidelines

Platforms like Netflix haven’t published censorship guidelines of their own, but they do have separate ‘maturity ratings’ according to country and region. The CEO of Netflix has also stated that they would have ‘airplane cuts’ of movies for different regions, stating that ‘entertainment companies have to make compromises over time’.

Why self-censorship?

Despite the absence of censorship laws applicable to streaming platforms, there are still other laws applicable to these platforms in India. As mentioned above, the downlinking guidelines were one such set of rules which were considered applicable. In addition, statutes like the Information Technology Act, 2000 and the Indian Penal Code, 1860 would also be applicable. It could be the case that streaming platforms are censoring content to ensure that they are in compliance with other statutes.

There is also a possibility that international services like Netflix and Amazon Prime are trying to find their place in the Indian market without drawing attention for the wrong reasons. Amazon for instance has publicly stated that they intend to keep in mind ‘Indian cultural sensitivities’ while making content available. In addition, platforms like Hotstar are run by parent companies like Star India, with ancillary business interests that they would be interested in protecting.

Conclusion

Unexpectedly, streaming platforms, which were meant to be avenues of free media in an age of heavily regulated television content, are following the same route as traditional media outlets.

This trend of self-censorship on streaming websites is similar to other internet platforms, who resort to self-censorship to avoid legal trouble. The tendency to ‘err on the side of caution’ is similar to platforms adhering to the intermediary liability laws in India. This form of tip-toeing around issues of regulation has led to a chilling effect on other internet platforms and could also lead to ‘over-censorship’ on streaming websites.

It is disconcerting that streaming websites are censoring content in the absence of laws, and leaves us speculating about the state of freedom of expression once censorship laws are in place.

Arpita Biswas is a Programme Officer at the Centre for Communication Governance at National Law University Delhi

Censorship & certification – Outlining the CBFC’s role under law

The Central Board of Film Certification (CBFC) functions as the primary body certifying films for public exhibition in India. It is guided by the Cinematograph Act, 1952, and various rules and guidelines in determining the nature of certification to be granted to a film. However, over the past few months, reports about the CBFC’s alleged overreach – moving from certification of films to moral policing, for instance, by denying certification to films which address LGBTQ issues – have made the news.  This post outlines the legal framework within which the CBFC operates and discuss the prospects for change within this framework.

The CBFC was constituted under the Cinematograph Act, 1952 (Act), which aims to provide for the certification of cinematograph films for exhibition. Specifically, the CBFC was set up for the purpose of ‘sanctioning films for public exhibition’. The law however, also allows the CBFC to require modifications to be made to a film before providing such sanction / certification.

Over time, the CBFC has increasingly used this power to direct cuts in films for various reasons, leading to it being commonly referred to as the ‘censor board’. In recent months, the CBFC has stirred up controversy in relation to certification (or the lack thereof), of films with subject matter ranging from feminism / women’s empowerment and LGBTQ issues, to the Indian government’s demonetisation drive. The increasing possibility that a film will not even be granted certification for public exhibition, has led to fears that self-censorship will become a norm.

This fear seems to have permeated into the online video streaming industry already. Today, it isn’t clear whether streaming service providers are required to abide by the certification norms under the Act. While streaming platforms differ in their approach, and some providers choose to stream unedited i.e. ‘un-censored’ content, others are choosing to make only certified versions of films available online. There have also been controversial claims of service providers choosing to edit / censor content beyond the requirements of the CBFC.

The legal framework within which the CBFC operates is outlined below.

As described above, the CBFC is the sanctioning body which certifies films for public exhibition. The Act also allows for the setting up of regional centers or ‘advisory panels’ to assist the CBFC in its functions.

The Act provides that any person who wishes to exhibit a film should make an application to the CBFC for certification. The CBFC may (after examining the film, or having it examined):

  • sanction the film for unrestricted public exhibition, subject to requiring a caution to be provided stating that parents / guardians may consider whether a film is suitable for viewing by a child if required (i.e. grant a U or UA certificate)
  • sanction the film for public exhibition restricted to adult viewers (i.e. grant an A certificate)
  • sanction the film for public exhibition restricted to members of a certain profession or class of persons based on the nature of the film (i.e. grant an S certificate)
  • direct that certain modifications are made to the film before sanctioning the film for exhibition as described above, or
  • refuse to sanction the film for public exhibition.

The Act, as well as the Cinematograph (Certification) Rules, 1983, also provide detailed procedures for the appointment of members of the CBFC and the advisory panels, and appellate bodies, applications for certification, and appeals to the decision of the CBFC. The Act also provides for revisionary powers of the Central government in relation to the decisions of the CBFC.

In addition to the above, the Act provides principles on the basis of which the CBFC may refuse to certify a film – namely, “if a film or any part of it is against the interests of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of an offence”.

These principles are further supplemented by the certification guidelines issued by the Central Government in 1991, in accordance with the powers granted to it under the Act.

These guidelines provide five objectives for film certification under the Act: (a) the medium of film remains responsible and sensitive to the values and standards of society; (b) artistic expression and creative freedom are not unduly curbed; (c) certification is responsive to social changes; (d) the medium of film provides clean and healthy entertainment; and (e) the film is of aesthetic value and cinematically of a good standard.

In order to meet these objectives, the guidelines require the CBFC to ensure that films do not contain (a) scenes that glorify / justify activities such as violence, drinking, smoking or drug addiction, (b) scenes that denigrate women, (c) scenes that involve sexual violence or depict sexual perversions, or (d) scenes that show violence against children, among many others.

The language used in many of these guidelines, while perhaps well intended, is vague, and allows for wide discretion in certification subject entirely to the sensibilities of the individual members of the CBFC.

In 2016, the Ministry of Information & Broadcasting set up a committee to evolve broad, but clear guidelines/ procedures to guide the CBFC in the certification of films. The committee was headed by noted film maker Mr. Shyam Benegal. The committee, in its report, has expressed the view that it is not for the CBFC to act as a ‘moral compass’, and decide on what constitutes glorification or promotion of certain issues.

The committee’s report suggests that the only function of the CBFC should be to determine which category of viewers a film can be exhibited to. The committee’s report has suggested new guidelines, with the following objectives: (i) children and adults are protected from potentially harmful or otherwise unsuitable content; (ii) audiences (and parents / those responsible for children) are empowered to make informed viewing decisions; (iii) artistic expression and creative freedom are not unduly curbed in the classification of films; (iv) the process of certification is responsive to social changes.

The committee’s recommendations are yet to be implemented, however, news reports suggest that work is currently underway to modify the new guidelines suggested in the report.

It is interesting to note that the committee’s report does not address the issue of certification requirements for films available on online streaming platforms. In March 2016, the CBFC had suggested that it would require all or film-makers, producers, and directors in India to sign an undertaking stating that they would not share with / release ‘excised portions of a feature or a film to anybody’, including streaming service providers.An affidavit to this effect was accepted by the Punjab & Haryana High Court, which suggested in its order that such steps would be sufficient to ensure that ‘censored’ content would not be available. However, later that year, the Ministry of Information and Broadcasting confirmed in a response to an RTI application, that they do not intend to regulate or censor online content.