India’s New Guidelines on Online Obscenity

Context

The Indian government has proposed new guidelines to explicitly define and regulate obscenity in online content under the Information Technology (IT) Rules, 2021. These amendments aim to regulate digital platforms like OTT streaming services, social media, and digital news portals by introducing a clear and comprehensive definition of “obscene digital content.” This move responds to calls for stronger oversight of online content to balance free speech with public decency and morality.

Legal Basis and Background

The guidelines are proposed based on various laws such as the section 67 of the IT Act 2000, the Cable Television Networks (Regulation) Act, 1995, and Indian Penal Code (now Bharatiya Nyaya Sanhita). This is the first instance of outright definition of obscenity in the IT Rules, which is a continuation of traditional regulation of content aired in traditional broadcasting to the digital arena. The Supreme Court had requested the government to come up with such guidelines following the controversy surrounding the online content and its capability to offend the decency of the people and at the same time comply with the constitutional free speech right under Article 19(1)(a) within reasonable limits under Article 19(2).​

Major Characteristics of the Guidelines

• Definition of Obscene Content: The guidelines are broad through which obscenity is defined as content that is offensive to good taste or decency, has vulgar, suggestive, offensive or repulsive subject matter, and presents criminality as an attractive thing to do.
• Expansion of Code of Ethics: It is suggested that another chapter is added to the Code of Ethics concerning the topic of obscenity in the context of OTT-platforms and other digital news publishers. It has 17 provisions addressing concerns like respect in the community, ethnic or linguistic sensibilities as well as avoiding the dissemination of indecent or vulgar content.
• Community Standards Test: Obscenity will go through the community standards test of the Supreme Court in the Aveek Sarkar case. Content is not in violation of this test, provided that it is not of such a nature that it causes the average person to have a lustful or voyeuristic interest and in case it is of literary, artistic, scientific, or political value.​

Digital Implications and Repercussions

• Social media sites, platforms, such as Netflix, Prime Video, Disney + Hotstar, and similar will have to engage in more stringent forms of moderation.
• OTTs could have to endure movie-like content certification, which impacts on content creation and distribution.
• The offensive, defamatory, or misleading content in social media and digital news media will be more scrutinized such as half truths or anti-national sentiments.
• The amendments can transform the digital content ecosystem within India and make it more aligned with a broadcast-regulation framework and can possibly promote more regulation of content creators and publishers.​

Concerns and Challenges

Although such changes are intended to regulate harmful or offensive content posted online, the digital rights activists fear the broad and general terms of the suggested rules, which can result in the overuse of it and censorship at will. It is feared that there is a need to balance the free speech and morality to contain the legitimate expression and criticism. Some provisions of the IT Rules regarding content regulation have been indicated to face the scrutiny of the courts, such as the Bombay and Madras High Courts. This framework is still under consultations and law making procedures that the government undertakes to perfect it

Source: The Hindu

UPSC Prelims Practice Question

Q. Which of the following statements about the proposed new guidelines on online obscenity in India are correct?

1. The guidelines aim to explicitly define “obscene digital content” under the Information Technology Rules.
2. OTT platforms may be required to follow certification procedures similar to films under the new rules.
3. The guidelines seek to balance freedom of speech with protection of public morality.
4. Only social media platforms, not digital news publishers, are covered under these new guidelines.

Select the correct answer using the code below:
a) 1, 2 and 3 only
b) 1, 3 and 4 only
c) 2 and 4 only
d) All of the above

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