I&B Ministry Issues Content Regulation Advisory for OTT Platforms

HIGHLIGHTS:

• The I&B Ministry issued an advisory on October 18, urging OTT platforms to comply with Indian laws and the 2021 Digital Media Ethics Code.
• Platforms must implement parental lock features to restrict minors' access to adult-rated content.
• Content must not violate Indian laws or portray sensitive aspects that could lead to legal violations.
• The advisory stresses the need for self-regulatory bodies to monitor adherence to the Code of Ethics.
• Violations of regulations could lead to corrective actions or legal consequences under relevant laws.

The Ministry of Information and Broadcasting (I&B) released an advisory on October 18 to self-regulatory platforms and OTTs, stressing careful compliance with Indian law and the Code of Ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. 

The advisory comes against the backdrop of a string of complaints made by various Members of Parliament, statutory authorities, and the general public about obscene, vulgar, and pornographic content on digital media.

The Government instructed OTT platforms to adhere to content classification rules strictly, implement parental lock features for adult-rated content, and ensure access control to mitigate minors' viewership of inappropriate material. Platforms must not stream content that is prohibited by law and should proceed with caution in their portrayal of sensitive aspects to avoid violating this directive.

The advisory also brings to light the point that the self-regulatory bodies need to keep a watch on the adherence to the Code of Ethics with caution. It refers to the different laws prohibiting the publication of obscene, pornographic, or sexually explicit matter, including the Indecent Representation of Women Act, 1986, the Bhartiya Nyay Sanhita (BNS), 2023, the Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology Act, 2000.

OTT platforms or self-regulatory bodies need to take the corrective actions to comply with the standards otherwise, further actions may be taken under appropriate provisions of law and the regulations regarding these actions.