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21st February 2025 (11 Topics)

I&B ministry’s advisory for OTT platforms

Amid increasing complaints about transmission of obscene, pornographic and vulgar content, the Ministry of Information and Broadcasting has warned OTT platforms against transmitting content that is prohibited by the law.

Key-points made by Ministry

  • Ministry of Information and Broadcasting directed OTT platforms and their self-regulatory bodies to comply with the provisions of applicable laws and the Code of Ethics outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  • Citing Part III of the IT Rules, 2021, the ministry emphasized that OTT platforms must adhere to a three-tier institutional grievance redressal mechanism and a Code of Ethics that prohibits transmitting content banned by law.
  • The advisory also urges self-regulatory bodies to proactively monitor adherence to the Code of Ethics.
  • It references legal provisions such as the Indecent Representation of Women Act 1986, the Bhartiya Nyay Sanhita (BNS) 2023, the POCSO Act and the IT Act 2000, which prohibit the distribution of obscene, pornographic or sexually explicit content.

Existing Regulatory Framework for OTTs

  • Currently, OTT platforms in India fall under the jurisdiction of the Ministry of Electronics and Information Technology (MEITY).
  • The key regulatory measure that governs OTT platforms is the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (2021 IT Rules), which outlines the following:
    • Self-regulation: OTT platforms are expected to establish a self-regulatory mechanism. The 2021 IT Rules mandate a three-tier grievance redressal system to address user complaints.
    • Content Classification: OTT platforms are required to categorize content into appropriate age classifications (U, U/A 7+, U/A 13+, A, etc.) to protect minors from explicit content.
    • Code of Ethics: OTT platforms must adhere to a Code of Ethics prohibiting content that is obscene, pornographic, or violates Indian laws. Legal provisions like the Indecent Representation of Women Act (1986), Pocso Act, and the IT Act (2000) are cited to curb the spread of illegal or harmful content.
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