New Delhi – The Indian government is considering amendments to the Information Technology (IT) Rules of 2021 that could significantly broaden the definition of “obscene” content online, potentially encompassing criticism of social and public figures, and even “half-truths.” The proposed changes, being discussed for Part III of the IT Rules, which governs over-the-top (OTT) video platforms like Netflix, Prime Video, and Disney+ Hotstar, as well as digital news publications, are raising concerns about potential censorship and restrictions on freedom of expression.
According to sources familiar with the matter, the amendments would introduce a new definition of “obscene digital content” and a corresponding code of ethics for digital news outlets and OTT platforms. This code would prohibit content that, among other things, offends against good taste or decency, derides any race, caste, color, creed, or nationality, attacks religions or communities, contains deliberately false or suggestive innuendos, incites people to crime, promotes anti-national attitudes, or criticizes, maligns, or slanders any individual or segments of social, public, and moral life.
The proposed rules also stipulate restrictions on live coverage of anti-terrorist operations by security forces, limiting media coverage to periodic briefings by designated officers. The Ministry of Information and Broadcasting (MIB), which administers Part III of the IT Rules, has not yet responded to requests for comment.
The move follows a recent controversy involving Ranveer Allahbadia and the “India’s Got Latent” program, which prompted the Supreme Court to question the government’s plans to regulate “obscene” online content. The MIB had previously communicated to a parliamentary panel that there was growing concern about the misuse of freedom of expression to showcase obscene and violent content on digital platforms, necessitating a stricter legal framework.
Under the existing IT Rules, online streaming platforms are required to implement a three-level grievance redressal mechanism for violations of the Code of Ethics, which prohibits unlawful content, mandates age-based classification, and restricts access to adult-rated content for children. However, the Bombay High Court and Madras High Court have stayed the rule requiring this mechanism, and the Kerala High Court has restrained coercive action over non-compliance with Part III of the IT Rules. Over 15 petitions have been filed against these rules, and the Supreme Court is currently considering transferring all challenges to the Delhi High Court to avoid divergent judicial views.
The potential broadening of the definition of “obscene content” and the imposition of stricter ethical codes are fueling concerns that the government may be attempting to exert greater control over digital media and limit critical commentary on social and political issues. The implications of these amendments for freedom of expression and the future of digital media in India remain to be seen.
