The Digital Media Content Regulatory Council (DMCRC), the second level self-regulatory mechanism to address appeals against content aired on digital platforms, held its first meeting and passed its first order recently.

The newly formed regulatory body is a broadcaster-led self-regulatory body, whose Chairman is Justice (Retd) Vikramajit Sen (below). The members of this committee are – filmmakers Nikkhil Advani, Tigmanshu Dhulia and Ashwiny Iyer Tiwari, content producer and distributor Deepak Dhar, and representatives from broadcast networks – Ashok Nambissan and Mihir Rale. At the meeting, Justice Sen said, “We are about to embark upon a unique journey in content self-regulation. A fine balance needs to be maintained between creativity, freedom of expression and law.”

The DMCRC has been formed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, notified by the central government recently. At present, around ten digital platforms run by broadcast networks are member of this regulatory body. If any viewer has any concern regarding content on an OTT platform, they can directly contact the platform, which looks into the complaint. If the complainant is not satisfied with the action taken, then they can contact DMCRC. It is a second-tier mechanism at the appellate level, similar to the Broadcasting Content Complaints Council (BCCC) for non-news general entertainment channels.

At the meeting, the council took up the first appeal it had received – against the trailer of the eight-episode web series Grahan, which released last month. The complainants had filed a grievance with the digital platform on June 18 and they received a reply within three days, following which the complainant contacted the DMCRC. The complainant alleged that from the trailer it appears that the series is showing a false narrative of the 1984 anti-Sikh riots.

The members viewed the trailer and didn’t find anything objectionable. In its order, the DMCRC said, “The trailer is a short glimpse of the series. After viewing it, the Council did not find any instance where it has been said, shown or implied that a turbaned/Sikh man has been involved in looting and arson, or that a false and sinister narrative of the 1984 anti-Sikh riots is being set. The Council noted that the trailer categorically states that the upcoming series is a work of fiction and it has been inspired by the Hindi novel Chaurasi written by Satya Vyas. There has been no evident critique of the book. The Council is of the unanimous opinion that it is unreasonable to judge such a long series, whose total length runs into a few hours over eight episodes, on the basis of a trailer that runs for 2 minutes and 24 seconds. A trailer is specifically meant to generate curiosity, and in the present instance, it does that – create a sense of intrigue and mystery about the story that would unfold.”

It further stated, “The Council is of the unanimous view that any artistic or creative work has to be viewed holistically to determine whether it is objectionable or offensive.” They found that the trailer is “within the framework of the law and therefore, the appeal is not maintainable”.