Centre may widen ‘obscene’ content net to ‘half truths,’ criticism of social, public figures

The amendments being considered include introducing a new definition to the IT Rules for “obscene digital content,” and a new code of ethics around such content for digital news, and OTT platforms, it is understood.

Under the code of ethics, digital content shall not offend against good taste or decency; deride any race, caste, colour, creed and nationality; contain attack on religions or communities; contain anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths; incite people to crime; promote anti-national attitudes; criticise, malign or slander any individual in person or certain groups, segments of social, public and moral life of the country; denigrate women, children and persons with disabilities; and contain visuals or words which reflect a_slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups, among other things.

The Centre may also deem live coverage of any anti-terrorist operation by security forces as obscene, and the media coverage would have to be restricted to periodic briefings by a designated officer.

The MIB did not respond to an immediate request for comment.

The Indian Express had earlier reported that amid violence and obscenity pertaining to content on digital platforms, especially against the backdrop of the Ranveer Allahbadia controversy, the Central government was examining the need to create a new legal framework to regulate online platforms.

In its communication to a parliamentary panel earlier this year, the MIB had said there was a growing concern in the society that the constitutional right of “freedom of expression is being misused to showcase obscene and violent content on digital platforms”.

It had told the Standing Committee on Communications and IT — headed by BJP MP Nishikant Dubey — that while certain provisions exist under the current laws, there is a growing demand for a stricter and effective legal framework to regulate such harmful content. “This ministry has taken note of these developments and is in the process of examining current statutory provisions and the need for a new legal framework,” it had said.

Under Part III of the Intermediary Guidelines and Digital Media Ethics Code (IT Rules, 2021), online streaming platforms are required to implement a three-level grievance redressal mechanism for violations of the Code of Ethics. This Code also prohibits platforms from transmitting unlawful content, mandates age-based classification, and restricts access to ‘A’-rated content for children.

However, the rule requiring the creation of this mechanism — which involves self regulation at the platforms’ level and industry-wide level, and oversight by the government — has been stayed by the Bombay High Court and Madras High Court. The Kerala HC has also restrained coercive action over non-compliance with Part III of the IT Rules. More than 15 petitions have been filed against these rules, and in 2021, the Centre approached the Supreme Court, seeking to transfer all challenges to the top court to avoid “divergent judicial views.” The top court has since transferred those petitions to the Delhi HC, where hearing is currently ongoing.