I&B Ministry Advisory on ‘Obscene Content’

Syllabus: GS2/Governance 

In News

• The Information & Broadcasting Ministry issued an advisory following complaints regarding the spread of “obscene, pornographic, or vulgar content” on OTT platforms and social media.
  • Over-the-Top (OTT) refers to media services that provide access to films, television shows, and other video content directly over the internet, bypassing traditional cable, satellite, or broadcast television providers.

Major Highlights of Recent Advisory

• The Information & Broadcasting Ministry has directed OTT platforms to follow the Code of Ethics under the IT Rules, 2021, including strict adherence to age-based classification.
• The advisory referenced the Indecent Representation of Women Act, 1986, Bharatiya Nyay Sanhita (BNS), 2023, POCSO Act, and the IT Act, 2000, noting that publishing obscene or pornographic content is punishable under these laws.
• Under the IT Rules, 2021, a three-level grievance redressal mechanism governs OTT platforms and digital news publishers:
  • Level-I: Self-Regulation by Publishers
    • Platforms appoint a Grievance Officer to resolve complaints within 15 days.
    • Ensure compliance with the Code of Ethics and content classification.
  • Level-II: Self-Regulation by Self-Regulatory Bodies (SRBs)
    • SRBs oversee publisher decisions, handle appeals, and ensure ethical compliance.
    • Must be registered with the Ministry of Information & Broadcasting (MIB).
  • Level-III: Oversight by Ministry of Broadcasting
    • The Ministry can issue advisories, warnings, or take action for non-compliance.
    • A Grievance Appellate Committee (GAC) may review unresolved complaints.

Challenges in OTT Regulation

• Balancing Freedom & Regulation: Excessive rules may lead to self-censorship, affecting creativity.
  • Article 19 of the Constitution guarantees freedom of speech but allows restrictions for decency and morality.
• Subjectivity in Grievance Redressal: Varying interpretations of offensive content may cause inconsistent rulings.
• Jurisdiction Issues: Global platforms face challenges in adapting to Indian laws.
• Censorship Concerns: There is a growing fear of government overreach, ambiguity in content restrictions and political bias in content moderation on OTT platforms.
• AI Moderation Challenges: Automated moderation may misinterpret cultural nuances, causing unjustified takedowns.

Laws Governing Obscenity in Online Content

• Section 294 of the Bhartiya Nyaya Sanhita (BNS), 2023: It  Penalizes the sale, import, export, advertisement, or profit from obscene material, including electronic content.
  •  The material must be lascivious or excessively sexual.
• Section 67 of the Information Technology (IT) Act, 2000: It penalizes the publication or transmission of obscene material in electronic form, with a more stringent punishment (up to 3 years imprisonment and a fine of up to Rs. 5 lakh for first-time offenders).
• Indecent Representation of Women Act, 1986: Restricts content that portrays women indecently.
• IT Rules, 2021: the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, include:
  • Code of Ethics for OTT platforms, Provisions for age-based classification and access control mechanisms for “A” rated content to prevent child access,
  • Platforms must not transmit illegal content and should exercise caution and discretion.
• POCSO Act: Protects children from sexual content and exploitation.

Supreme Court’s Observations

• Ranjit D. Udeshi v. State of Maharashtra (1964): The Supreme Court applied the Hicklin Test, defining obscenity as material that corrupts and depraves susceptible minds, including children and those with impure thoughts.
• Aveek Sarkar v. State of West Bengal (2014): The SC adopted the “community standards” test, quashing proceedings against magazines for a nude image of Boris Becker.
• In March 2024, the Supreme Court quashed obscenity proceedings against the makers of College Romance, ruling that profanity alone does not amount to obscenity.
  • The judgment reinforced that for content to be deemed obscene, it must actively arouse sexual thoughts.

Source :TH