Govt considering need for a new law to regulate obscene and violent contents on digital and OTT platforms

Various sections of society, including Members of Parliament and statutory bodies like the National Commission for Women, have raised concerns over such content. The matter has also been discussed in several High Courts and the Supreme Court.

The Ministry says it has taken note of these developments and is in process of examining current statutory provisions and need for a new legal framework.

While certain legal provisions exist to regulate media content, there is an increasing demand for stricter and more effective regulations. In response, the ministry is examining the current legal framework and assessing the need for a new law to address these concerns. A detailed note in this regard will be submitted for the perusal of the committee after due deliberations.

Earlier on February 20, the Ministry of Information and Broadcasting issued an advisory on adherence to Indian laws and the Code of Ethics prescribed under the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021.

In a letter to the Online Curated Content Publishers and Self-Regulatory Bodies on the platform, the IT Ministry said, "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 the Code of Ethics by the platforms."

"This Ministry has received references from Hon'ble Members of Parliament, representations from statutory organisations, and public grievances regarding the alleged spread of obscene pornographic and vulgar content published by certain publishers of online content (OTT platforms) and social media," the letter further reads.

The letter further said that it is stated that Part III of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021, inter alia, 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 that is prohibited by law, undertake age-based classification of content based on general guidelines provided in the Schedule to the Rules, implement an access control mechanism for 'A'-rated content to restrict access to such content by a child, and also exercise due caution and discretion," it added.

"Further, the rules provide that the bell-regulatory bodies of OTT platforms shall oversee and ensure the alignment and adherence by the OTT platforms to the Code of Ethics," the letter further reads. (ANI)