a surge of complaints regarding the dissemination of obscene and vulgar content on over-the-top (OTT) platforms and social media, the Ministry of Information and Broadcasting (I&B) has issued a comprehensive advisory aimed at regulating such material. This move underscores the government’s commitment to ensuring that digital content aligns with the nation’s legal and ethical standards.
The advisory references Part-III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which delineates a Code of Ethics for digital content providers. This code mandates that OTT platforms refrain from transmitting content prohibited by law, implement age-based content classifications as outlined in the rules, and establish access control mechanisms to prevent children from viewing content rated for adults. Additionally, platforms are urged to exercise due caution and discretion in content presentation.
To ensure adherence to these guidelines, the advisory emphasizes the role of self-regulatory bodies associated with OTT platforms. These organizations are tasked with overseeing content to guarantee compliance with the established Code of Ethics. This self-regulatory approach aims to balance creative freedom with societal responsibility, fostering an environment where content creators can express themselves without overstepping legal and moral boundaries.
The advisory also highlights existing legal provisions that render the publication of obscene or pornographic content a punishable offense. Key legislations cited include the Indecent Representation of Women (Prohibition) Act, 1986, the Bhartiya Nyaya Sanhita (BNS), 2023, the Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology Act, 2000. These laws collectively aim to protect individuals, especially women and children, from exposure to indecent and harmful content.
This directive from the I&B Ministry comes on the heels of several high-profile incidents that have ignited public and governmental scrutiny over digital content. Notably, the recent controversy surrounding the YouTube show ‘India’s Got Latent’ has intensified discussions about the nature of content available on digital platforms. In this instance, podcaster Ranveer Allahbadia faced significant backlash and legal action after making an allegedly obscene remark during an episode, leading to multiple police complaints and a parliamentary discussion on social media regulations.
In light of these events, the Ministry has reiterated the necessity for OTT platforms to strictly adhere to the IT Rules, 2021. This includes implementing robust age-based content classification systems and ensuring that access to adult-rated content is appropriately restricted. The goal is to create a safer digital environment that respects cultural sensibilities while upholding freedom of expression.
Industry stakeholders have responded to the advisory with a mix of acknowledgment and commitment to compliance. Nitin Tej Ahuja, CEO of the Film Producers Guild, stated, “The advisory underlines the need to adhere to guidelines and regulations that govern online content, as is already being done by responsible content creators and platforms.”
This development is part of a broader governmental effort to regulate digital content and address concerns over obscenity and indecency. In March 2024, the Ministry took decisive action by blocking 18 OTT platforms, 19 websites, 10 apps, and 57 social media accounts for hosting obscene and pornographic content. This action was taken under the provisions of the Information Technology Act, 2000, in consultation with other government bodies and experts in media, entertainment, and child rights.
The blocked platforms included names such as Dreams Films, Voovi, Yessma, Uncut Adda, and others. The content on these platforms was found to be obscene, vulgar, and often depicted women in a demeaning manner, including portrayals of nudity and sexual acts in inappropriate contexts. Such content was deemed to violate multiple sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.
The Ministry’s actions reflect a commitment to fostering a digital space that aligns with societal values and legal norms. By reinforcing existing regulations and taking decisive action against violators, the government aims to protect the public, particularly vulnerable groups, from exposure to harmful content.
As digital consumption continues to rise, the balance between creative expression and societal responsibility remains a focal point of discussion. The I&B Ministry’s advisory serves as a reminder to content creators and platforms of their obligations under the law and the importance of self-regulation in maintaining the delicate equilibrium between freedom and accountability.
In conclusion, the advisory from the Ministry of Information and Broadcasting underscores the imperative for OTT platforms and social media entities to exercise responsibility in content dissemination. By adhering to the prescribed Code of Ethics and implementing stringent content classification and access controls, these platforms can contribute to a digital ecosystem that respects cultural norms, protects vulnerable audiences, and upholds the principles of free expression within the bounds of the law.
