The Ministry of Information and Broadcasting (MIB) has issued a fresh advisory, urging OTT platforms to adhere to regulations and refrain from publishing obscene, pornographic and vulgar content on online curated content services and social media.
In the advisory the Ministry highlighted that it has received references from Members of Parliament, representations from statutory organisations 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 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,” it stated.
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 wherein publication of obscene/pornographic content is a punishable offence.
“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,” the Ministry mentioned.
“Further, self-regulatory bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms. This issues with the approval of Competent Authority,” it added.
