Blocking of OTT Platforms for Obscene Content

Syllabus: GS2/Governance

Context

• The Ministry of Information and Broadcasting (I&B) has ordered the blocking of five OTT platforms like MoodXVIP, Koyal Playpro, Digi Movieplex, Feel and Jugnu for streaming obscene and pornographic content.

What is Obscene Content?

• “Obscene content” refers to material that is lascivious, sexually explicit, or appeals to prurient interests, and tends to deprave or corrupt persons who are likely to read, see, or hear it.
• However, obscenity is not defined in absolute terms, it is shaped by law, judicial interpretation, and evolving societal standards.

Regulatory Evolution of OTT Platforms

• Earlier Phase (Regulatory Vacuum): OTT platforms initially operated without direct censorship like films under the CBFC.
• IT Rules, 2021: It brought digital news and OTT under a three-tier grievance redressal mechanism.
  • It mandated content classification (U, U/A 7+, U/A 13+, U/A 16+, A).
  • It required age-gating for adult content.
• Proposed IT (Digital Code) Rules, 2026: Draft rules propose stronger age-based classification, clearer norms on obscenity, incitement, religious attacks.
  • Response to Supreme Court directive to ensure balance between Article 19(1)(a) and 19(2).

Constitutional Dimensions

• Article 19(1)(a) (Freedom of Speech and Expression): Protects artistic and creative expression, including digital content.
• Article 19(2) (Reasonable Restrictions): Allows restrictions on grounds of decency or morality, public order, defamation, sovereignty and integrity.
  • The current action reflects the State’s attempt to balance free speech with reasonable restrictions, especially concerning obscenity and protection of minors.
• The Supreme Court has repeatedly emphasized that while free speech is fundamental, it is not absolute, and must conform to constitutional limits.

Legal Framework Involved

• IT Act, 2000: Blocking orders follow due procedure under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.
  • Section 69A: Empowers the Central Government to block public access to information for reasons including sovereignty and integrity of India, public order, and decency or morality.
  • Section 67: Punishes publishing/transmitting obscene material electronically.
  • Section 67A: Specifically penalizes sexually explicit content.
• Indecent Representation of Women (Prohibition) Act, 1986: It prohibits indecent depiction of women in any form, including digital platforms.

Role of Institutions

• National Commission for Protection of Child Rights (NCPCR): It flagged obscene content affecting children, and highlighted the child protection dimension in digital regulation.
• Judiciary: Directed formulation of safeguards ensuring protection of free speech, and enforcement of reasonable restrictions.

Related Issues

• Governance: Regulatory challenges in digital media; executive powers under Section 69A; and transparency in blocking orders.
• Polity: Balance between Fundamental Rights and restrictions, judicial review of executive action, and doctrine of proportionality.
• Society: Impact of unregulated digital content; protection of children and women; and changing morality standards in the digital age.
• Ethics: Responsible content creation, platform accountability, and digital self-regulation vs State censorship.

Way Forward

• Clear and Transparent Standards for defining obscenity.
• Independent Oversight Mechanism for blocking decisions.
• Stronger Age Verification Systems.
• Digital Literacy Campaigns.
• Balanced Regulatory Model combining self-regulation, statutory oversight, and judicial safeguards.

Source: IE