Following multiple complaints regarding the alleged spread of obscene, pornographic, and vulgar content published by certain publishers of online curated content (OTT platforms) and social media, the Information and Broadcasting Ministry has issued some advisory.
The advisory stated that Part-III of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021, inter-alia, provides 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 of access control mechanism for ‘A’ rated content to restrict access to such content by a child, and also exercise due caution and discretion.
Also, that self regulatory bodies of OTT platforms shall oversee and ensure that the code of ethics is adhere to.
Under the provision of indecent representation of Women Act,1986, Bhartiya Nyay Sanhita (BNS), 2023, Protection of Children from Sexual Offences (POCSO) Act, and Information Technology (IT) Act, 2000 wherein publication of obscene/pornographic content is a punishable offense.
Reacting to the action taken by the I&B ministry, Nitin Tej Ahuja, CEO of the Film Producers Guild said, “The advisory underlines the need to adhere to guidelines and regulations that govern online content as is already being done by responsible content creators and platforms.”
Meanwhile, the Ministry took the step after receiving several complaints from statutory bodies and the general public.
In conclusion, the advisory from the Information and Broadcasting Ministry highlights the growing need for accountability and responsible content creation in the digital age. By reinforcing the guidelines and regulations laid out for OTT platforms, the Ministry aims to foster a safer and more respectful online environment, ensuring that content is not only compliant with legal standards but also considerate of societal values. The cooperation of content creators, platforms, and the public will be crucial in achieving these goals, ultimately contributing to a more ethical landscape in digital media.
