Centre Blocks 25 OTT Platforms over Obscene Content

Syllabus: GS2/ Governance

Context

• The Ministry of Information and Broadcasting has directed the blocking of websites and apps of at least 25 OTT platforms for allegedly providing obscene and vulgar content.

Factors causing rise in Obscenity

• Rapid Growth of Digital Platforms: The proliferation of OTTs, social media, and video-sharing sites has enabled easy access and dissemination of objectionable content.
• Lack of Pre-Screening on OTT Platforms: Unlike films, OTT content is not subject to prior certification, allowing creators to bypass traditional censorship.
• Inadequate Content Regulation Mechanisms: Weak enforcement in self-regulatory frameworks result in unchecked publication of obscene material.
• Anonymity and Encryption: Users often exploit encrypted apps and anonymous browsing tools to share and consume explicit content, escaping legal scrutiny.

Legal Framework Governing Obscenity in India

• Information Technology (IT) Act, 2000:
  • Section 67: Punishes publishing/transmitting obscene material electronically.
  • Section 67A: Specifically penalizes sexually explicit content.
• Bharatiya Nyaya Sanhita (BNS), 2023: Section 294 (previously Section 292 of IPC, 1860) prohibits sale or distribution of obscene materials including digital content.
• Indecent Representation of Women (Prohibition) Act, 1986: Section 4 bans advertisements or publications that depict women indecently.
• IT Rules, 2021:
  • Mandates OTT platforms to adhere to a Code of Ethics.
  • Provides a three-tier grievance redressal mechanism.
  • Includes oversight by the Digital Publisher Content Grievances Council (DPCGC), a self-regulatory body led by a former SC judge.

Important Judgments and Committees

• Justice for Rights Foundation v. Union of India, 2018: The Supreme Court transferred a plea seeking stricter regulation of OTT content to the Ministry of I&B, which later led to the formulation of self-regulation mechanisms under the IT Rules, 2021.
• Shyam Divan Committee: It was established in 2021 by the Ministry of Information and Broadcasting to draft a code of ethics and examine the need for regulation of content on digital media platforms, especially OTTs.
  • It called for self-regulation with government oversight, and accountability mechanisms for digital publishers and OTT platforms.

Implications of Rising Obscenity in India

• Impact on Social Morality: The growing presence of obscene content in digital media influences public morality, especially among impressionable audiences such as children and young adults.
• Cybercrime and Exploitation: Increased obscenity online fuel exploitation, including cyberbullying, harassment, and trafficking.
• Challenge to Regulatory Mechanisms: Despite the IT Rules, enforcement remains a challenge due to technological evasions (VPNs, mirror sites).
  • Balancing freedom of expression with public decency continues to be contentious.

Way Ahead

• Strengthening Implementation: Regular monitoring and swift enforcement of IT Rules are essential.
• Promoting Digital Literacy: Empower users, especially youth, to responsibly engage with digital content.
• Platform Accountability: OTTs must adopt content rating systems, age-gating, and pre-screening mechanisms.
• Judicial Oversight: Ensure legal actions align with constitutional rights and due process to prevent misuse.

Source: TH