Govt warns OTT platforms against obscene vulgar content

The government has issued an advisory to OTT platforms, reminding them to follow the rules regarding content classification and restrictions on obscene and vulgar material. 

The advisory comes after concerns were raised by Members of Parliament, statutory organisations, and public grievances about the alleged spread of obscene, pornographic, and vulgar content on OTT platforms and social media.

The Ministry referred to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which include a Code of Ethics for OTT platforms. 

These rules require platforms to avoid transmitting content prohibited by law, classify content based on age guidelines, and implement access control mechanisms for adult-rated content to prevent children from viewing it.

As per the advisory, “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, based on general guidelines provided in the Schedule to the Rules, implementation of access control mechanism for ‘A’ rated content to restrict access to such content by a child, and also exercise due caution and discretion.”

The government also emphasized the role of Self-Regulatory Bodies in ensuring compliance. “Further, the Rules provide that the Self-regulatory Bodies of OTT platforms shall oversee and ensure the alignment and adherence by the OTT platforms to the Code of Ethics.”

The advisory also highlighted legal provisions that prohibit the publication of obscene or pornographic content, including the Indecent Representation of Women Act, 1986, the Bhartiya Nyay Sanhita (BNS), 2023, the Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology (IT) Act, 2000. It warned platforms of legal consequences if they violate these laws.

The Ministry urged strict compliance, stating, “In view of the above 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 of the age-based classification of content prescribed under the Code of Ethics.”

Finally, the advisory called on self-regulatory bodies to take proactive steps against violations. “Further, Self-regulatory Bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms.”