Government Proposal on Regulation of Digital Content
The Union government has proposed new guidelines defining "obscenity" and restricting disallowed content online as part of the Information Technology Rules, 2021. These guidelines apply to digital media content on social media platforms, OTT streaming services, and digital news platforms.
Scope and Legal Basis
- The proposal utilizes broad restrictions from the Cable Television Networks (Regulation) Act, 1995.
- It is based on Section 67 of the IT Act, 2000, the Cable Television Networks (Regulation) Act, 1995, and the Indian Penal Code.
- The Ministry of Information and Broadcasting filed the proposal with the Supreme Court, following a request for guidelines on online content.
Content Restrictions
- Content must not be obscene, pornographic, or invasive of privacy.
- Must not be insulting or harassing based on gender, race, or ethnicity.
- Should not encourage money laundering or gambling.
- OTT content must comply with the Cinematograph Act, 1952 and be fit for "public exhibition."
- The Code of Ethics includes any content that offends "good taste or decency" or promotes "criminality."
Current Judicial Context
- Rules 9(1) and 9(3) of the IT Rules enforcing the existing code for streaming and news platforms are stayed by the Bombay High Court.
- The note acknowledges this stay while aiming to "revive" these rules.
Community Standard Test
- Content is judged against contemporary community standards to determine if it appeals to "lustful or voyeuristic interest."
- Material of literary, scientific, artistic, or political value may be exempt.
Background and Context
The proposal followed a controversy involving comedian Samay Raina and a viral joke by social media influencer Ranveer Allahabadia, prompting the Supreme Court to suggest drafting a regulatory proposal. This proposal seeks to balance free speech with reasonable restrictions under Article 19(2) of the Constitution.
