UPSC Syllabus- Cyber Laws and Regulations: IT Act, 2000, rules regarding online content, and recent amendments.
News- The Union government has proposed new rules to define “obscenity” and other banned content on digital platforms under the IT Rules, 2021. The aim is to make clear what counts as prohibited content and to expand the Code of Ethics so that it applies not just to websites, but also to social media, OTT platforms, and digital news portals. New Framework for Obscenity on Digital Platforms.
Background of the Proposed Amendment
The Supreme Court, while hearing a case involving comedian Samay Raina and a controversial joke, asked the government to come up with guidelines that strike a delicate balance between freedom of speech under Article 19(1)(a) and reasonable restrictions under Article 19(2). In response, the Ministry of Information and Broadcasting submitted a detailed proposal outlining new regulatory measures.
These proposals emerge at a time when concerns over sexual content, deepfakes, harmful speech, and misinformation are growing, prompting the government to strengthen oversight of digital platforms.
Key Features of the Proposed Guidelines
- Definition of Obscene Content: For the first time, the IT Rules explicitly define “obscenity,” drawing from Section 67 of the IT Act, Cable TV Programme Code, and Indian Penal Code (Bharatiya Nyaya Sanhita).
- Expansion of Code of Ethics: A new chapter on Obscenity applies to OTT platforms and digital news portals, covering 17 restrictions, including vulgarity, glorification of crime, and bias against communities.
- Alignment with TV Standards: The Cable TV Programme Code is transposed to digital platforms, raising questions about its relevance online.
- OTT Compliance: Platforms may need to ensure content is fit for public exhibition, akin to films under the Cinematograph Act, 1952.
- Revival of IT Rules 9(1) and 9(3): Previously stayed by courts, these rules enforcing the Code of Ethics are proposed to be revived.
- Community Standards Test: The Aveek Sarkar v. State of West Bengal test will decide if content is obscene. Content is acceptable if:
- A reasonable person today would not see it as sexually provocative or voyeuristic.
- It has literary, artistic, scientific, or political value.
Criticism of the Proposal
Digital rights groups have flagged several issues:
- Overbroad definitions could classify too much content as obscene
- Executive overreach by expanding IT Rules instead of using parliamentary amendments
- Risks to free speech, as ambiguous terms like “good taste” may be misused
- Overlap with pending court cases, since some rules are already stayed
Implications for Digital Platforms
If implemented:
- Platforms will need stricter moderation and compliance processes
- OTTs may face film-like certification requirements
- Social media platforms would have to proactively filter indecent or vulgar content
- Digital publishers could experience heightened regulatory oversight
Overall, the amendment has the potential to reshape India’s digital content ecosystem, bringing it closer to a broadcast-style regulatory framework.
| Question– Examine the key features of the proposed online obscenity guidelines, the concerns of digital rights groups, and their potential impact on India’s digital content ecosystem |
