The I&B Ministry has asked self-regulatory bodies of OTT platforms to take appropriate proactive action for violation of the Code of Ethics by the platforms. Image for representation.
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Warning OTT streaming services against transmitting “any content that is prohibited by law”, the Ministry of Information and Broadcasting (I&B) on Thursday (February 20, 2025) said they should ensure “age-based classification of content” as per the Information Technology (Intermediary Liability and Digital Media Ethics Code) Rules, 2021.
The OTT (over-the-top) platforms should enforce age-gating requirements for mature content, it said.
Also read: How the Centre plans to regulate content on OTT and digital media | Explained
The Ministry said that it was issuing this advisory after receiving complaints from the Members of Parliament, “statutory organisations” and the general public.
It is unclear specifically what “obscene, pornographic and vulgar content” this circular is referring to. In December 2024, the I&B Ministry flagged some shows “promoting, glamorising or glorifying the use of narcotic drugs and psychotropic substances through such portrayal by the main protagonist and other actors”.
The IT Rules have extensive regulations prescribing age ratings for content on Indian streaming services such as Netflix and Amazon Prime Video. Those regulations require streaming services to have a formal grievance redressal system. They should be part of a three-tier system, under which users who are offended by certain content can first approach the platform, then a self-regulatory body, and further an inter-departmental committee of the Union government.
SC seeks action
On Tuesday (February 18, 2025), a Supreme Court Bench led by Justice Surya Kant orally observed that the government needed to take some action on obscene content on social media. The present advisory has only been sent to online curated content platforms, the legal term for streaming platforms like Netflix, as opposed to user-generated content platforms like YouTube.
The court was hearing a case on clubbing the FIRs against Ranveer Allahbadia, the podcaster who has been at the centre of a storm over a joke he cracked on the YouTube show, India’s Got Latent.
The IT Rules don’t completely ban swearing, sex or nudity; they instead require that shows and films that feature these — along with substance abuse and violence — be rated for older audiences. Since the IT Rules were put out, streaming services have become far more unwilling to greenlight and release projects that feature political or religious commentary. However, OTT shows such as Mirzapur and Paatal Lok, featuring violence and swearing — that cannot be easily shown in films or TV — have remained immensely popular.
Like the IT Rules, the advisory points to other laws to warn streaming providers against content that features obscenity. “Attention is also invited to the provisions of the Indecent Representation of Women (Prohibition) Act, 1986; Bharatiya Nyaya Sanhita (BNS), 2023; the Protection of Children from Sexual Offences (POCSO) Act; and the Information Technology (IT) Act, 2000, wherein publication of obscene/pornographic content is a punishable offence,” the advisory reads.
Published – February 20, 2025 04:14 pm IST
