Context: The Information & Broadcasting Ministry has directed the blocking of websites and Apps of 25 OTT platforms for allegedly carrying obscene, vulgar, and in some cases, pornographic content.
Relevance of the Topic: Prelims: Information Technology Act, 2000, and the IT Rules, 2021.
Ministry blocks OTT platforms over Obscene content
- The Information & Broadcasting Ministry has directed the blocking of websites and Apps of 25 OTT platforms for allegedly carrying obscene, vulgar, and in some cases, pornographic content.
- Utilising the provisions of the Information Technology Act, 2000 and the IT Rules, 2021, notifications have been issued to various intermediaries to ensure that access to these sites and Apps is disabled.
- The content hosted on these platforms was found to be in violation of:
- Section 67 of the IT Act, 2000; Section 67A of the IT Act, 2000
- Section 292 of the Indian Penal Code
- Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
- The government had received multiple public grievances against these platforms, including the references from the National Commission on Protection of Child Rights (NCPCR) about content on platforms Ullu and ALTT.
Legal Basis of the Ban:
- Section 69A of IT Act, 2000 empowers the government to block public access to any online information (block content on internet) in the interest of: (i) interest of sovereignty and integrity of India, (ii) defence of India, (iii) Security of the State, (iv) friendly relations with foreign States, (v) public order, (vi) for preventing incitement to the commission of any cognizable offense relating to above.
- Criticism: The law does not have “decency and morality” as grounds for blocking information.
Legal Provisions on Obscenity in India:
- Section 67 of the Information Technology Act, 2000: An offence is committed by a person who publishes or transmits any material which is lascivious or appeals to the prurient interest.
- Section 67A of the Information Technology Act, 2000: Punishment for publishing or transmitting material containing sexually explicit acts, etc. in electronic form.
- Article 19(2) of Indian Constitution: Allows the State to impose reasonable restrictions on freedom of speech and expression for reasons like- security of the state, public order, morality, etc. It provides constitutional backing to Section 69A of the IT Act, 2000.
- Sections 292 and 294 of the Indian Penal Code contemplate the selling, letting on hire, distribution or public exhibition of obscene matter.
- Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986: Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women.
- IT Rules, 2021 (Intermediary Guidelines and Digital Media Ethics Code) Mandates OTT platforms to:
- Self-classify content into age-based categories
- Set up Grievance Redressal Mechanisms
- Adhere to a Code of Ethics.
Also Read: What does Indian Law say about Obscenity?