New Delhi: The Ministry of Information and Broadcasting has issued a stern advisory to online curated content publishers (OTT platforms) and social media platforms, cautioning against the dissemination of obscene, pornographic, and vulgar content. This move follows concerns raised by Members of Parliament, statutory organizations, and public grievances regarding inappropriate digital content.
Tighter Oversight Amid Controversy
The advisory comes in the wake of the controversy surrounding podcaster Ranveer Allahabadia, who faced backlash for his remarks on the YouTube stand-up show India’s Got Latent. The government’s notification underscores the need for stricter compliance with existing regulations to prevent the spread of objectionable content.
Regulatory Framework for OTT and Digital Media
The government cited the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandate a Code of Ethics for OTT platforms. The rules require platforms to:
- Refrain from transmitting content prohibited by law.
- Implement age-based classification for content.
- Enforce access control mechanisms for ‘A’ rated content to prevent access by minors.
- Exercise due caution and discretion in publishing sensitive material.
Additionally, the advisory highlighted the role of self-regulatory bodies, tasked with ensuring OTT platforms adhere to ethical content guidelines. It also referenced legal provisions such as the Indecent Representation of Women Act, 1986, Bhartiya Nyay Sanhita (BNS), 2023, Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology (IT) Act, 2000, all of which impose penalties for publishing obscene or explicit content.
A Three-Tier Monitoring System
In 2021, the government introduced a three-tier regulatory framework for digital news and OTT platforms, described as a “soft-touch regulatory architecture”:
- Self-regulation by content publishers
- Oversight by self-regulatory bodies of the industry
- Government intervention when necessary
The latest advisory reiterated that OTT platforms must strictly comply with existing laws and the Code of Ethics under IT Rules, 2021, with a particular focus on enforcing age-based content restrictions. It further urged self-regulatory bodies to take proactive action against violations.
With this move, the government is reinforcing its commitment to regulating digital content while balancing creative freedom with responsible online publishing.
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