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Context:

I&B Ministry Warns OTT Platforms Against ‘Obscene Content’.

News in Detail

The Union Ministry of Information and Broadcasting (I&B) issued a formal advisory to over-the-top (OTT) streaming platforms, directing them to enforce strict age-based content classification and prohibit the transmission of “any content that is prohibited by law.”

Legal Basis: 2021 IT Rules

The advisory mentions the Information Technology (Intermediary Liability and Digital Media Ethics Code) Rules, 2021, which mandate:

• Age-Based Classification: Streaming services like Netflix, Amazon Prime Video, and Disney+ Hotstar must implement age-gating mechanisms to restrict access to mature content (e.g., shows with nudity, substance abuse, or violence) for underage viewers .
• Grievance Redress System: Platforms must adhere to a three-tier system for addressing user complaints:
  • Internal platform review.
  • Review by a self-regulatory body.
  • Final appeal to an inter-departmental government committee .

Other Laws Invoked: The advisory also references:

• Indecent Representation of Women (Prohibition) Act, 1986: Bans content that degrades or exploits women.
• Bharatiya Nyaya Sanhita (BNS), 2023: India’s new criminal code, which penalizes obscenity and public nuisance .
• Protection of Children from Sexual Offences (POCSO) Act: Prohibits child pornography and sexual exploitation .
• IT Act, 2000: Criminalizes publication of obscene content online .

Key Directives for OTT Platforms

• Age-Gating Requirements: Mature content must be restricted to viewers above 18, with clear disclaimers and warnings .
• Avoid Glamorization of Illicit Acts: Content featuring drug use or violence must not portray such behavior as socially acceptable or fashionable .
• Public Health Messaging: Platforms are encouraged to include educational content on the dangers of substance abuse .

Way Forward

The advisory reflects growing government oversight of digital content amid public concerns over morality and child safety.

Self-regulatory bodies like the Digital Media Alliance India (DMAI) and the Indian Broadcasting and Digital Foundation (IBDF) are expected to collaborate with the government to implement these guidelines .

Must Read Articles:

INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS) RULES, 2021

Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021)

Understanding Obscenity Laws

Source:

THE HINDU

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