PROPOSED OBSCENITY GUIDELINES FOR ONLINE CONTENT – NEW DIGITAL REGULATION FRAMEWORK

Why in the News ?

The Union Government has proposed new guidelines to define “obscenity” and other restricted categories of digital content under the Information Technology Rules, 2021.

The draft seeks to:

• Provide an explicit definition of obscenity,
• Expand the Code of Ethics, and
• Apply new restrictions to social media platforms, OTT streaming services, and digital news publishers.

These proposals follow a Supreme Court directive seeking a clearer framework balancing Article 19(1)(a) (free speech) with Article 19(2) (reasonable restrictions).

Background of the Proposed Amendment

• The initiative stems from a case involving comedian Samay Raina, where the SC asked the government to evolve balanced guidelines for regulating objectionable online content.
• The Ministry of Information & Broadcasting submitted a detailed note on strengthening oversight under IT Rules.
• Driving factors include:
  • Increasing sexual/explicit content,
  • Proliferation of deepfakes,
  • Rising harmful or abusive speech,
  • Spread of misinformation.

The new guidelines aim to bring greater clarity, uniform standards, and broadcast-level regulation to the digital ecosystem.

Key Features of the Proposed Obscenity Guidelines

1. New Legal Definition of “Obscene Digital Content”

For the first time, “obscenity” is explicitly defined within IT Rules using elements from:

• Section 67 of the IT Act,
• Cable TV Programme Code,
• Indian Penal Code / Bharatiya Nyaya Sanhita (BNS).

This marks a significant expansion resembling broadcast-style content regulation.

2. Expansion of the Code of Ethics

A new, detailed “Obscenity” Chapter is proposed.

Digital platforms must avoid content that:

• Offends good taste or decency,
• Is indecent, vulgar, suggestive, repulsive,
• Glorifies criminality,
• Contains visuals/words showing regional, ethnic, or linguistic groups in a derogatory manner.

A total of 17 prohibitions have been outlined.

3. Alignment with Cable Television Standards

Experts note that the government is importing the Cable TV Programme Code—originally meant for TV broadcasters—into digital regulatory space, raising concerns about overregulation.

4. OTT Platforms & Cinematograph Act Compliance

OTT platforms may be required to ensure that their content is fit for public exhibition, similar to movies certified under the Cinematograph Act, 1952.

Although officials suggest OTTs are the main target, the draft does not explicitly limit the rule to them.

5. Revival of IT Rules 9(1) and 9(3)

These provisions (relating to the Code of Ethics) were stayed by the Bombay High Court.
The proposal attempts to revive and expand them, which has raised constitutional concerns.

6. Use of the “Community Standards Test”

The Supreme Court’s standard from Aveek Sarkar v. State of West Bengal will be applied.

Under this test, content is not obscene if:

• A reasonable person using contemporary community standards does not view it as appealing to lust or voyeurism, and
• It carries literary, artistic, scientific, or political value.

Digital rights groups caution that the broad interpretation could enable arbitrary censorship.

Criticism of the Proposed Amendment

1. Overbroad Definitions

The vague and subjective nature of terms like “good taste” may cover a wide spectrum of legitimate content.

2. Executive Overreach

Critics argue the government is expanding regulatory power through rules instead of Parliamentary law-making.

3. Risk to Free Speech

Ambiguous standards may chill free expression and creative content.

4. Legal Uncertainty

Several IT Rules are sub-judice or stayed by courts, yet similar provisions are being revived.

Implications for Digital Platforms

If the Court approves the guidelines:

For Social Media Platforms

• Stricter content filtering,
• More active removal of vulgar, indecent, or explicit material,
• Heightened compliance burdens.

For OTT Streaming Services

• Possible film-like certification,
• Greater pre-screening and edited releases.

For Digital News Publishers

• Increased scrutiny of visuals, satire, reporting, and commentary.

The amendments would move India’s digital regulation closer to a broadcast-style oversight regime, significantly reshaping the online content ecosystem.