Regulation of OTT Platforms by I&B Ministry

The Ministry of Information and Broadcasting has issued a directive to the self-regulatory bodies of OTT platforms, emphasizing the need for proactive measures against violations of the Code of Ethics.

Key Directives and Regulations

• Prohibited Content: Streaming services are warned against transmitting content that is illegal or prohibited by law. 
• Age-Based Classification: Platforms must ensure content is classified based on age as per the Information Technology (Intermediary Liability and Digital Media Ethics Code) Rules, 2021. 
• Age-Gating Requirements: OTT platforms are required to enforce age barriers for content deemed mature. 

The Ministry's advisory follows complaints from Members of Parliament, statutory organizations, and the general public, specifically concerning content perceived as obscene, pornographic, or vulgar.

Previous Concerns and IT Rules

•  In December 2024, certain shows were flagged for allegedly promoting or glamorizing narcotic drugs and psychotropic substances. 
•  IT Rules require: 
  • Age ratings for content on streaming services like Netflix and Amazon Prime Video.
  • A formal grievance redressal mechanism involving a three-tier system consisting of the platform, a self-regulatory body, and an inter-departmental committee of the Union government.

Legal Context and Supreme Court Observations

•  A Supreme Court Bench, led by Justice Surya Kant, noted the necessity for government action on obscene content on social media. 
•  The advisory targets online curated content platforms specifically, excluding user-generated content platforms such as YouTube. 

Despite IT Rules not banning swearing, sex, or nudity outright, these elements must be appropriately rated for older audiences. Streaming services have shown increased caution in greenlighting content related to politics or religion. However, shows like Mirzapur and Paatal Lok, known for violence and swearing, remain popular.

Additional Legal References in Advisory

• The advisory references several laws protecting against obscene content, including: 
  • Indecent Representation of Women (Prohibition) Act, 1986.
  • Bharatiya Nyaya Sanhita (BNS), 2023.
  • Protection of Children from Sexual Offences (POCSO) Act.
  • Information Technology (IT) Act, 2000.

These laws contribute to the overall framework for ensuring that obscenity and pornography are punishable offenses.