MIB cracks down on obscene content, directs OTT platforms to stick to Code of Ethics

Amid the raging controversy over Ranveer Allahbadia’s comments in the YouTube show ‘India’s Got Latent’, the Ministry of Information and Broadcasting (MIB) has issued an advisory to social media channels and OTT platforms to adhere to Indian Laws and the Code of Ethics prescribed under the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021.

This Ministry said that it has received references from Members of Parliament, representations from statutory organizations and public grievances regarding alleged spread of obscene, pornographic and vulgar content published by certain publishers of online curated content (OTT platforms) and social media.

In this regard MIB in its advisory stated, “It is stated that Part-IIl 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 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.”

Moreover, the advisory stated that 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 drew attention 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, wherein publication of obscene/ pornographic content is a punishable offence.

In view of the above MIB asked the OTT platforms to 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. The Ministry also directed the self-regulatory bodies of OTT platforms to take appropriate proactive action for violation of Code of Ethics by the platforms.