Guidelines defining ‘obscenity’ in online content proposed, Pg10

Key Highlights:

• The Union government has proposed guidelines defining "obscenity" and disallowed online content within the Information Technology Rules, 2021.
• The proposal extends to social media, OTT streaming services, and digital news platforms, incorporating restrictions from the Cable Television Networks (Regulation) Act, 1995.
• The amendment, if approved by the Supreme Court, explicitly defines "obscene digital content" based on Section 67 of the IT Act, 2000, and other laws.
• The proposal suggests content for OTT platforms should comply with the Cinematograph Act, 1952, and be suitable for public exhibition.

Detailed Insights:

• The proposed guidelines aim to regulate digital content by defining obscenity and other disallowed content, potentially impacting freedom of expression online.
• The IT Rules already mandate social media platforms to disallow obscene, pornographic, or privacy-invasive content, with the new amendment seeking to provide a clearer definition.
• The Ministry of Information and Broadcasting's proposal suggests using the "Community Standard Test" from the Aveek Sarkar v. State of West Bengal case to assess content's compliance with ethical codes.
• The Bombay High Court has stayed Rules 9(1) and 9(3) of the IT Rules, which enforce the code of ethics for streaming services and news platforms, a case now being heard in the Delhi High Court.
• Concerns have been raised that the proposed guidelines could lead to overregulation and potential censorship of digital content, impacting digital rights and freedom of speech.
• The proposal emerged after controversy surrounding comedian Samay Raina, whose YouTube channel faced backlash over a joke made by social media influencer Ranveer Allahabadia.

Key Concepts Involved:

• Obscenity: Content that offends prevailing community standards of decency.
• OTT Platforms: Services that provide film and TV content via the Internet.
• IT Rules, 2021: Regulations governing social media companies and OTT platforms in India.