The Central government has restricted access to fifty over-the-top (OTT) platforms in India over the past two years, attributing this decision to the presence of obscene content. This information was provided by Dr L Murugan, Minister of State for Information and Broadcasting and Parliamentary Affairs, in a written response to inquiries from Rajabhau Parag Prakash Waje during a Lok Sabha session.

Dr Murugan stated that the measures were taken in accordance with existing laws, including the Information Technology (IT) Act, the Bharatiya Nyaya Sanhita (BNS), and the Indecent Representation of Women (Prohibition) Act of 1986. The action was the result of complaints indicating that these platforms had violated several legal stipulations.

According to the minister, the platforms were found to have violated specific sections of these laws, notably Sections 67 and 67A of the IT Act, along with Section 294 of the BNS and Section 4 of the Indecent Representation of Women (Prohibition) Act. The government’s response reflects its commitment to regulating digital content in the country.

Framework for Addressing Complaints

Dr Murugan further clarified that any complaints against digital news publishers and OTT platforms are addressed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules, which were put into effect on February 25, 2021, establish a comprehensive framework for the regulation of digital news entities and OTT platforms.

Part III of the IT Rules delineates a Code of Ethics specifically for digital news publishers and OTT service providers. The framework not only sets standards for content but also outlines the procedures through which public complaints can be managed effectively.

The minister indicated that the guidelines create a systematic approach for evaluating concerns raised by the public, thereby ensuring adherence to legal norms in digital content dissemination. This regulatory framework is intended to protect consumers from inappropriate material while maintaining a balance in digital media practices.

Legal Empowerment of the Government

Dr Murugan emphasised that Section 79(3)(b) of the IT Act grants the government the authority to instruct intermediaries to remove or restrict access to unlawful content. This legal provision equips the government with the necessary tools to act against platforms that allegedly contravene established laws.

In response to complaints received from various stakeholders, the government conducts regular inspections of OTT platforms and intermediaries to ensure compliance with legal standards. The dedicated efforts reflect the government’s vigilance in maintaining the integrity of digital content in India.

These actions underscore the government’s proactive stance in addressing issues related to obscenity and other violations in the digital media landscape. The continuous review of online platforms and the implementation of strict regulatory measures aim to safeguard public interests and uphold legal decorum in digital broadcasting.

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