Govt Tightens Digital Rules to Curb Obscenity, Misinformation

Strict accountability enforced across social media and OTT platforms to ensure safe internet

  • IT Act, IT Rules 2021 and BNS empower action against unlawful online content
  • Major social media platforms must appoint local officers and publish compliance reports
  • 43 OTT platforms blocked in India for displaying obscene content
  • Strong focus on protecting women and children in digital space

GG News Bureau
New Delhi, 18th Dec: The Government has stepped up enforcement of strict accountability measures across social media and OTT platforms to curb obscenity, misinformation and cyber offences, with a special focus on ensuring a safe, trusted and accountable internet for women and children.

Responding to a question in the Lok Sabha, Minister of State for Information and Broadcasting and Parliamentary Affairs Dr. L. Murugan said the Government is committed to keeping the digital space free from unlawful, vulgar and obscene content. He said robust legal frameworks under the Information Technology (IT) Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Bharatiya Nyaya Sanhita (BNS), 2023 empower authorities to take stringent action against offenders.

Under the IT Act, intermediaries are bound by clear obligations to ensure accountability. The law provides punishment for cyber offences such as privacy violations, publishing or transmitting obscene or sexually explicit content, and child sexual abuse material. It also empowers police authorities to investigate, search and arrest in cases involving cyber crimes.

The IT Rules, 2021 mandate strict due-diligence obligations for intermediaries, including social media platforms. These include preventing the hosting or transmission of content that is obscene, pornographic, invasive of privacy, misleading, impersonative, harmful to children, or threatening to national security and public order. Platforms are required to clearly inform users about consequences of violating rules, including content removal, account suspension or termination.

Intermediaries must act swiftly on court orders, government directions or user complaints, removing unlawful content within prescribed timelines. Content violating privacy, impersonation or nudity norms must be taken down within 24 hours. Platforms are also required to appoint Grievance Officers and resolve complaints within 72 hours. Users can appeal through Grievance Appellate Committees via an online portal to ensure transparency and accountability.

Significant Social Media Intermediaries (SSMIs) with over 50 lakh registered users in India face additional obligations. These include appointing local compliance officers, publishing periodic compliance reports, sharing a physical address in India, assisting law enforcement agencies, using automated tools to curb unlawful content, and enabling traceability of originators in serious cases. Failure to comply results in loss of legal protection under Section 79 of the IT Act, making platforms liable for prosecution.

The Bharatiya Nyaya Sanhita, 2023 further strengthens the legal framework by introducing penalties for obscene acts and the sale or electronic display of obscene material.

To regulate OTT platforms, the Government has enforced Part III of the IT Rules, 2021, which lays down a Code of Ethics for digital news publishers and online curated content platforms. OTT platforms are prohibited from transmitting content barred under existing laws. So far, public access to 43 OTT platforms has been disabled in India for displaying obscene content.

The Government reiterated that these measures aim to strike a balance between openness and accountability while ensuring a safer digital ecosystem for all users.