Draft IT (Digital Code) Rules, 2026 Signal a New Era of Online Content Regulation in India

Why in News ?

The Union government has proposed the Draft IT (Digital Code) Rules, 2026, aimed at regulating obscenity and introducing mandatory age-based classification for all digital content across platforms.

Background: Regulation of Online Content in India

India’s digital ecosystem has expanded rapidly with the growth of:

• OTT streaming platforms,
• Social media,
• User-generated and influencer-driven content.

While this expansion has strengthened freedom of expression, it has also raised serious concerns regarding:

• Obscenity and sexually explicit material,
• Hate speech and communal content,
• Misinformation and harmful narratives,
• Exposure of children and adolescents to inappropriate content.

Online content regulation in India is currently governed by:

• The Information Technology Act, 2000, and
• The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

However, repeated controversies involving OTT shows and social media influencers have highlighted regulatory gaps, prompting:

• Judicial scrutiny,
• Public interest litigation,
• Policy reconsideration by the government.

In this context, the proposed Draft IT (Digital Code) Rules, 2026 seek to introduce a more detailed, standardised, and enforceable framework for digital content regulation.

Legal Basis of the Draft IT (Digital Code) Rules, 2026

The draft rules are proposed under:

• Section 87(1) of the IT Act, 2000,
• Read with Sections 67, 67A, and 67B, which deal with:
  • Publication and transmission of obscene material,
  • Sexually explicit content,
  • Child sexual abuse material in electronic form.

The proposal follows a Supreme Court direction asking the government to strike a balance between:

• Freedom of speech and expression under Article 19(1)(a), and
• Reasonable restrictions under Article 19(2), especially in matters of:
  • Morality,
  • Public order,
  • Decency.

Key Features of the Draft IT (Digital Code) Rules, 2026

1. Definition of Obscene Content

The draft borrows substantially from the Programme Code under the Cable Television Networks Rules, 1994, defining obscene content as material that:

• Is lascivious,
• Appeals to prurient interests,
• Tends to deprave and corrupt viewers.

This aligns digital content standards with traditional broadcast norms.

2. List of Prohibited Content

The rules propose a broad set of prohibited content, including material that:

• Attacks religions, communities, caste, or nationality,
• Promotes communal attitudes or violence,
• Contains defamatory or deliberately misleading information,
• Denigrates women, children, or persons with disabilities,
• Presents criminality, obscenity, or violence as desirable,
• Uses explicit language or scenes when targeted at children.

These provisions significantly widen the scope of content scrutiny and compliance obligations.

3. Mandatory Age-Based Classification System

A major structural change proposed is the compulsory classification of all digital content, similar to film certification. The age categories include:

• U – Suitable for all ages,
• 7+, 13+, 16+,
• Adult-only content,
• Specialised categories for professional audiences (e.g., doctors, scientists).

Each content item must display:

• Age rating, and
• Content descriptors (e.g., violence, sex, nudity, drugs, language, horror).

4. Parental Controls and Age Verification

The draft mandates:

• Parental control mechanisms for content rated 13+ and above,
• Reliable age verification systems for adult-only content.

This places additional compliance obligations on:

• OTT platforms,
• Social media intermediaries,
• Online curated content providers (OCCPs).

5. Applicability and Enforcement Framework

• All provisions of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 will continue to apply alongside the new draft code.
• The rules are expected to introduce civil consequences for violations, strengthening regulatory accountability for digital platforms.
• Enforcement is likely to involve a mix of:
  • Platform self-regulation,
  • Government oversight,
  • Grievance redressal mechanisms.

Concerns Raised by Industry and Stakeholders

Several concerns have been raised by OTT platforms, creators, and digital rights advocates:

1. Blurring of Platform Distinctions

• The rules blur the distinction between:
• Linear television broadcasting (push model), and
• On-demand digital content (pull model, where users actively choose content).

2. Impact on Creative Freedom

• Applying broadcast-era obscenity standards to:
  • Age-gated,
  • Password-protected,
  • On-demand platforms,
    may constrain artistic expression and narrative diversity.

3. Regulatory Uncertainty

• Broad and subjective terms (e.g., “decency,” “morality,” “offensive”) could:
  • Encourage arbitrary complaints,
  • Increase compliance burdens,
  • Create chilling effects on content creation.

These concerns highlight the tension between regulation, innovation, and freedom of expression in India’s digital economy.

Significance for Governance and Society

The draft rules reflect the government’s attempt to:

• Protect children and vulnerable audiences from harmful content,
• Standardise content classification across platforms,
• Respond to judicial concerns regarding unregulated online obscenity,
• Enhance accountability and transparency in the digital content ecosystem.

From a governance perspective, the rules represent a shift toward a more formalised and enforceable digital media regulatory framework, with implications for democracy, digital rights, and platform governance.