Lahore High Court Rules Film Censorship Laws Do Not Apply to Netflix and Amazon

The Lahore High Court (LHC) has ruled that Pakistan’s film censorship laws under the Motion Pictures Ordinance 1979 do not extend to OTT platforms such as Netflix and Amazon Prime Video.

According to Dawn News, Justice Raheel Kamran issued a 20-page detailed judgment, dismissing petitions filed by cinema operators who sought to enforce censorship laws on digital streaming services. The court observed that the ordinance was created decades before the digital era and was intended only to regulate films screened in cinemas and public venues, not online platforms.

Petitioners’ Argument

The petitioners, including NC Entertainment Pvt Ltd, argued that requiring cinemas to obtain film certification while allowing OTT platforms to operate freely was discriminatory. They claimed this practice violated their fundamental rights and argued that Section 6 of the Ordinance, which derives its principles from Article 19 of the Constitution, should apply equally across all platforms to safeguard public morality and decency.

Court’s Observations

Justice Raheel Kamran noted that:

• OTT platforms operate globally and deliver content directly to users’ personal devices, making pre-censorship both legally impossible and practically unfeasible.

• Extending the Motion Pictures Ordinance to digital streaming services would amount to “judicial legislation,” which falls outside the court’s jurisdiction.

• Cinemas and OTT platforms are fundamentally different and cannot be treated as the same under Article 25 of the Constitution.

Government and Regulatory Stance

• The federal government’s law officer opposed the petitions, stating that after the 18th Amendment, film censorship falls under provincial jurisdiction.

• The Punjab government’s law officer emphasized that the Punjab Film Censor Board has authority only over theatrical releases, not OTT platforms.

• PEMRA clarified that its role is limited to broadcast media regulation and not film censorship.

• PTA also confirmed it has no mandate to regulate OTT content.

Final Verdict

The Lahore High Court ultimately dismissed the petitions, declaring them legally and practically unsustainable. The judgment underscores that while films screened in cinemas must comply with censorship regulations, digital streaming content remains outside the scope of the Motion Pictures Ordinance 1979.