Centre plans tighter IT Rules to curb 'obscene' and harmful online content

According to a report, the proposed definition of obscene content may be broad and could cover material that includes defamatory claims, half-truths, anti-national attitudes, or content that criticises aspects of the “social, public and moral life of the country.

These potential changes are being examined for Part III of the IT Rules, which regulates over-the-top (OTT) platforms such as Netflix, Prime Video and Disney+ Hotstar, as well as digital news outlets. This section of the rules falls under the Ministry of Information and Broadcasting.

The review follows the controversy earlier this year involving Ranveer Allahbadia and the show ‘India’s Got Latent’, during which the Supreme Court granted Allahbadia protection from arrest but also asked the Centre if it planned to regulate “obscene” online content.

 The government is considering introducing a fresh definition of obscene digital content within the rules. Along with this, a new code of ethics is being explored for digital news publishers and OTT services.

 Content that denigrates women, children or persons with disabilities may also be barred. Visuals or words that show a slandering, ironical and snobbish attitude toward specific ethnic, linguistic or regional groups would also be restricted, the news report said.

The Centre is also examining whether live coverage of anti-terror operations by security forces should be categorised as obscene. If implemented, media reports on such operations would be limited to official briefings by designated authorities.

 Earlier, sources had reported that the Central government was reviewing whether a fresh legal framework was needed to regulate digital content, especially after the Allahabadia controversy highlighted concerns about violence and obscenity on online platforms.

In submissions to a parliamentary panel, the information and broadcasting ministry said there was rising public worry that the constitutional right to freedom of expression is being misused to showcase obscene and violent content on digital platforms.

Part III of the IT Rules requires OTT platforms to operate a three-tier grievance redressal system, including self-regulation, an industry regulatory body, and government oversight.

The Code also bars unlawful content, mandates age ratings and restricts access to adult content for minors.

However, the implementation of this mechanism is stalled. The Bombay High Court and the Madras High Court have stayed the provision, and the Kerala High Court has barred coercive action for non-compliance.

 Around 15 petitions have challenged the rules. In 2021, the Centre moved the Supreme Court seeking to consolidate all cases to avoid conflicting judgments. The petitions have since been transferred to the Delhi High Court, where hearings are underway.