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The Ministry of Information and Broadcasting has advised the OTT platforms to adhere to the laws of the land while publishing content on their platforms.
This advisory comes days after a vulgar comment made by a popular podcaster Ranveer Allahabadia, which snowballed into a widespread debate and criticism. Inappropriate comments were made by Ranveer Allahbadia during his guest appearance on a show 'India's Got Latent'. FIRs were launched against the podcaster and the show he was part of. The podcaster later moved the Supreme Court. The Apex court granted interim protection to him subject to his cooperating fully with the probe. The Ministry said it received references from Members of Parliament, representations from statutory organizations and public regarding the spread of obscene, pornographic and vulgar content published by certain publishers of online curated content (OTT platforms) and social media. Publication of obscene or pornographic content is a punishable offence. The ministry advised that the OTT platforms adhere to the various provisions of applicable laws, and the Code of Ethics prescribed under Advisory on adherence of Indian Laws and the Code of Ethics prescribed under the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021 - reg. Part-IIl of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021, interalia, provide for a Code of Ethics for OTT platforms, and a three level institutional mechanism for redressal of grievances relating to violation of the Code of Ethics. 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. 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. Attention is also invited to the provisions of Indecent Representation of Women Act, 1986, Bhartiya Nyay Sanhita (BNS), 2023, Protection of Children from Sexual Offences (POCSQ) Act, and Information Technology (IT) Act, 2000. The OTT platforms are 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. Further, Self-regulatory Bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms. (ANI)
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