Guidelines Defining ‘Obscenity’ in Online Content Proposed

Context:

• The Union Government has proposed amendments to the Information Technology (IT) Rules, 2021 to clearly define “obscenity” and disallowed online content.

• The move seeks to extend content regulation across social media, OTT platforms, and digital news media, but has raised concerns about overreach, censorship, and freedom of expression.

Key Highlights:

Government Initiative / Regulatory Proposal

• Proposal to explicitly define “obscene digital content” by incorporating standards from:

  • Section 67 of the IT Act, 2000

  • Cable Television Networks (Regulation) Act, 1995

• Applicable to:

  • Social media platforms

  • OTT streaming services

  • Digital news platforms

Content Standards & Legal Alignment

• OTT content proposed to be regulated on lines similar to:

  • Cinematograph Act, 1952

  • Content must be suitable for public exhibition

• Ministry of Information & Broadcasting suggests applying the “Community Standard Test” from the Aveek Sarkar v. State of West Bengal (2014) judgment to assess obscenity.

Judicial & Legal Background

• Bombay High Court has stayed Rules 9(1) and 9(3) of the IT Rules, which enforce the Code of Ethics for digital news and OTT platforms.

• The matter is currently under consideration by the Delhi High Court.

• Proposed amendments require judicial scrutiny, including potential approval by the Supreme Court.

Triggering Controversy

• Proposal gained momentum following controversy involving comedian Samay Raina’s YouTube channel, where a joke by influencer Ranveer Allahbadia sparked public backlash.

• Renewed debate on limits of satire, humour, and free speech in digital spaces.

Concerns & Criticism

• Fear of overregulation and discretionary censorship.

• Potential chilling effect on creative expression and digital journalism.

• Risk of executive dominance over content moderation without adequate safeguards.

Relevant Prelims Points:

• Issue: Defining obscenity in rapidly expanding digital media.

• Existing Framework:

  • IT Rules, 2021

  • IT Act, 2000 (Section 67)

• Key Concepts:

  • Obscenity: Content offending prevailing community standards of decency

  • OTT Platforms: Internet-based content delivery services

• Judicial Reference:

  • Aveek Sarkar case – Community Standard Test

• Impact:

  • Increased regulatory clarity but higher compliance burden

Relevant Mains Points:

• Polity & Constitutional Dimension:

  • Directly impacts Article 19(1)(a) – Freedom of Speech and Expression.

  • Any restriction must satisfy Article 19(2) tests of reasonableness and proportionality.

• Governance & Regulatory Aspect:

  • Shift from self-regulation to tighter executive oversight.

  • Raises concerns over regulatory ambiguity and enforcement discretion.

• Science & Technology Perspective:

  • Challenges of regulating borderless digital platforms.

  • Balancing user safety, ethical standards, and innovation.

• Social Justice & Digital Rights:

  • Overbroad definitions may disproportionately affect independent creators and smaller platforms.

• Way Forward:

  • Ensure narrow, precise, and constitutionally compliant definitions.

  • Strengthen independent self-regulatory bodies.

  • Judicial oversight and transparent grievance redressal mechanisms.

  • Promote media literacy alongside regulation.

UPSC Relevance (GS-wise):

• GS 2: Polity, Governance, Freedom of Expression

• GS 3: Science & Technology, Digital Regulation

• Prelims: IT Rules 2021, Obscenity, OTT Platforms