The Ministry of Information and Broadcasting (MIB) on Wednesday advised over-the-top (OTT) platforms to strictly adhere to and comply with the Information Technology (IT) Rules 2021, MoneyControl reported. The government advisory urged platforms to adhere to the guidelines governing age-based content classification and limitations on obscene and vulgar material. The MIB has issued its second advisory for OTT platforms in the last two months.
The latest advisory states, "It is advised that the OTT platforms adhere to the 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 under the Code of Ethics. Further, Self-regulatory Bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms."
This comes days after the Parliamentary Standing Committee on Information Technology and Communications brought up the controversy regarding content creator Ranveer Allahbadia at a meeting. The ministry added that it has received concerns from Honorable Members of Parliament, statutory bodies, and the general public about content on OTT platforms that spreads obscene, pornographic, and vulgar information.
The Background
This is in reference to the controversy over allegedly 'obscene' remarks made by online influencer Ranveer Allahbadia on the popular comedy show 'India's Got Latent,' hosted by Samay Raina. Multiple FIRs were filed against Allahbadia and others across states over a comment he made about parents being intimate. He then petitioned the Supreme Court to consolidate all of the FIRs filed against him.
While the Supreme Court granted him an interim reprieve from arrest, it also harshly criticised him for his remarks, stating that "no one has the license to speak whatever they want against the norms of society in the name of freedom of speech".
Laws Governing Online Content
Primarily, India governs “obscenity” in online content under the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2000. Section 294 of BNS, 2023 targets “lascivious” content that is excessively sexual in nature or “appeals to the prurient interest”. The law punishes people who sell, import, export, advertise, or display “obscene” material online. And publishing or transmitting such “obscene” content in electronic form can also lead to punishment under Section 67 of the IT Act.
For social media platforms, there are various regulations like Information Technology Act, 2020; Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Digital Personal Data Protection Bill (DPDPB). These bills address online offenses like harassment, cyberbullying, data privacy, concerns, among others and protect the interest of viewers in the growing market of content creators and influencers.
