New Delhi [India]: The Ministry of Information and Broadcasting (I&B) is currently reviewing existing media laws to address rising concerns over obscene and violent content on digital platforms, including OTT services and social media.
Various stakeholders, including Members of Parliament (MPs), statutory bodies like the National Commission for Women (NCW), and judicial forums like High Courts and the Supreme Court, have raised concerns over the misuse of freedom of expression in showcasing such content.
The Ministry has acknowledged these developments and is examining statutory provisions to assess the need for a new legal framework to regulate digital content effectively.
Stricter Regulations for Digital Content
Amid growing concerns, the I&B Ministry has emphasized that while certain legal provisions already exist, there is an increasing demand for stricter regulations to curb inappropriate content.
To reinforce compliance, the Ministry recently issued an advisory on February 20, urging OTT platforms to adhere to Indian laws and the IT Rules, 2021.
Key Highlights of the IT Ministry’s Advisory:
🔹 OTT platforms must follow the Code of Ethics under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
🔹 Stricter adherence to age-based content classification is required.
🔹 Platforms must implement an access control mechanism for ‘A’-rated content to prevent access by minors.
🔹 Self-regulatory bodies must take proactive action against OTT platforms violating the Code of Ethics.
The I&B Ministry’s letter stated that it has received numerous complaints from MPs, statutory organizations, and the general public regarding the alleged spread of obscene, vulgar, and pornographic content on OTT platforms and social media.
Three-Level Grievance Redressal Mechanism for OTT Platforms
The IT Rules, 2021 provide a three-level institutional mechanism to address complaints related to digital content:
1️⃣ Level 1: Self-regulation by the publisher (OTT platform).
2️⃣ Level 2: Self-regulation by the industry association or self-regulatory body.
3️⃣ Level 3: Government oversight by an inter-departmental committee.
The rules mandate that OTT platforms must not transmit content prohibited by law and should exercise due caution and discretion while publishing content.
Future Legal Framework in Progress
The I&B Ministry is preparing a detailed report on media regulations and will submit its recommendations for further deliberations.
This move marks a significant step towards strengthening content moderation, balancing freedom of expression with responsible media consumption, and ensuring safe digital experiences for Indian audiences.