I&B ministry issues advisory to OTT platforms over obscene content

The ministry of information and broadcasting has issued an advisory to publishers of online curated content (OTT platforms) and social media regarding alleged spread of obscene, pornographic and vulgar content after having received references from members of Parliament, representations from statutory organizations and public grievances.

The notification comes on the heels of podcaster Ranveer Allahabadia having been caught in the eye of the storm for his controversial remarks on the stand-up show India’s Got Latent on YouTube.  

The advisory pointed to the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021, that provide for a Code of Ethics for OTT platforms, and a three-level institutional mechanism for redressal of grievances relating to violation of the same. “The Code of Ethics, inter-alia, requires OTT platforms not to transmit any content which is prohibited by law, undertake age-based classification of content, implementation of access control mechanism for ‘A’ rated content to restrict access by a child, and also exercise due caution and discretion,” the advisory said. 

Further, the Rules provide that the self-regulatory bodies shall oversee and ensure alignment and adherence by OTT platforms to the Code of Ethics. The advisory also drew attention to the provisions of Indecent Representation of Women Act, 1986, Bhartiya Nyay Sanhita (BNS), 2023, Protection of Children from Sexual Offences (Pocso) Act, and Information Technology (IT) Act, 2000 wherein publication of obscene or pornographic content is a punishable offence.

Controlling content 

In 2021, the government had tightened its control over digital news media and OTT (over-the-top) video streaming platforms, introducing a three-tier mechanism and terming it as a “soft-touch regulatory architecture.” While the first two tiers brought in place a system of self-regulation by the platform itself and by the self-regulatory bodies of content publishers, the third called for an oversight mechanism by the Centre.

These guidelines were called the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, as per a government statement.

“It is advised that OTT platforms adhere to various provisions of applicable laws, and the Code of Ethics prescribed under IT Rules, 2021 while publishing content on their platforms, including stricter adherence to the age-based classification of content prescribed. Further, self-regulatory bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms,” the latest advisory added.