In the backdrop of “India’s Got Latent” controversy, the Government has issued an advisory on adherence of Indian Laws and Code of Ethics prescribed under the IT Rules and has asked the Online OTT platforms not to transmit any content which is prohibited by law.
The Advisory has been issued by the Ministry of Information and Broadcasting (I&B) which says this Ministry has received references from Hon’ble Members of Parliament, representations from statutory organizations and public grievances regarding alleged spread of obscene, pornographic and vulgar content published by certain publishers of online curated content (OTT platforms) and social media.
The Indias Got Latent show controversy started last week amidst the comments, made on the show sparked massive outrage, police cases and criticism by the top court also.The I&B Ministry said in the Advisory that In this regard it is stated that Part-IIl of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021, inter-alia, provide for a Code of Ethics for OTT platforms, and a three level institutional mechanism for redressal of grievances relating to violation of the Code of Ethics.
The Code of Ethics, inter-alia, requires OTT platforms not to transmit any content which is prohibited by law, undertake age-based classification of content, based on general guidelines provided in the Schedule to the Rules, implementation of access control mechanism for ‘A’ rated content to restrict access to such content by a child, and also exercise due caution and discretion.
Further, the Rules provide that the Self-regulatory Bodies of OTT platforms shall oversee and ensure the alignment and adherence by the OTT platforms to the Code of Ethics, the Ministry said adding attention is also invited to the provisions of Indecent Representation of Women Act, 1986, Bhartiya Nyay Sanhita (BNS), 2023, Protection of Children from Sexual Offences (POCSQ) Act, and Information Technology (IT) Act, 2000 wherein publication of obscene/pornographic content is a punishable offence.
In view of this it is advised that the OTT platforms adhere to the various provisions of applicable laws, and the Code of Ethics prescribed under IT Rules, 2021 while publishing content on their platforms, including stricter adherence of the age based classification of content prescribed under the Code of Ethics. Further, Self-regulatory Bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms.(UNI)
