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The proliferation of Over-The-Top (OTT) platforms in India has transformed content consumption. However, rising concerns over obscene, vulgar, and explicit content have prompted the Ministry of Information & Broadcasting (I&B) to issue a fresh advisory urging adherence to the Code of Ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021).

OTT platforms are digital streaming services that deliver content over the internet, bypassing traditional broadcasting. Their growing influence on public discourse, especially among youth, necessitates regulation.

Key Features of the Advisory

The advisory mandates strict compliance with the Code of Ethics under IT Rules, 2021:

• Prohibition of unlawful and obscene content.
• Age-based content classification and access control for ‘A’-rated content.
• A three-tier grievance redressal mechanism:
  • Level I: Self-regulation by publishers.
  • Level II: Oversight by self-regulatory bodies.
  • Level III: Government oversight via I&B Ministry.

OTT platforms must also comply with:

• Indecent Representation of Women (Prohibition) Act, 1986
• Protection of Children from Sexual Offences (POCSO) Act, 2012
• Information Technology Act, 2000
• Bhartiya Nyay Sanhita, 2023

Recent Trigger: ‘India’s Got Latent’ Controversy

The advisory follows public outrage over vulgar remarks made by podcaster Ranveer Allahbadia on the YouTube show ‘India’s Got Latent’. The Supreme Court criticized the Centre for inadequate oversight of digital content and demanded legal action. The Parliamentary panel also sought a review of existing laws and possible amendments to strengthen content regulation.

Rationale for a Code of Ethics

• Protecting Minors: Shields children from harmful or explicit material.
• Preserving Public Decency: Prevents normalization of obscene content.
• Fostering Trust: Builds accountability and transparency in content curation.

Global Best Practices

• Ofcom (UK): Advocates age-verification, content classification, and proactive monitoring.
• European Audiovisual Observatory: Emphasizes transparency, regular audits, and self-regulation.

Implementation Challenges

• Enforcement gaps and inconsistent compliance across platforms.
• Vague definitions in the rules create interpretational ambiguities.
• Technological limitations in age verification and filtering mechanisms.
• Creative resistance from platforms fearing curbs on artistic freedom.

Way Forward

• Establish an independent content regulatory body for continuous oversight.
• Foster collaboration between government, platforms, and global agencies.
• Mandate regular content audits and public awareness campaigns.
• Incentivize ethical compliance through certifications and recognition.

Conclusion

While digital freedom is essential, unchecked content dissemination can erode societal values. The recent advisory underscores the need for a balanced regulatory approach—one that safeguards minors and public decency while respecting creative freedoms. A robust and dynamic Code of Ethics, coupled with technological upgrades and civic awareness, is key to building a safe and responsible digital media ecosystem in India.