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I&B Ministry

Government moves to tighten digital content norms with new obscenity code

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NEW DELHI: In a sweeping bid to police India’s fast-growing digital ecosystem, the Ministry of Information and Broadcasting has told the Supreme Court that it is preparing a revamped Digital Media Code of Ethics that will cover everything from online news and streaming platforms to influencers and everyday social-media users. The proposed overhaul introduces a formal definition of “obscene digital content” and brings the online world closer to the long-standing Programme Code that governs television.

The ministry’s submission, filed on November 20, comes even as parts of the existing IT Rules, 2021 remain stayed. The Bombay High Court had previously halted the administration of Rules 9(1) and 9(3) for being ultra vires, but publishers have continued to follow them in practice, setting up self-regulatory bodies and complying with directions issued by the ministry.

Arguing that Part III of the IT Rules needs a legal rethink to square with Article 19 protections, the ministry has leaned on Section 67 of the Information Technology Act as the statutory backbone for its proposed obscenity guidelines. The section criminalises the publication or transmission of obscene electronic content, with fines of up to Rs 5 lakh and three years’ imprisonment for a first offence.

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The latest push stems from a clutch of cases, including the Ranveer Allahabadia matter and a connected petition by the Cure SMA Foundation of India. Earlier this year, a bench led by Surya Kant had nudged the government to frame rules that curb morally offensive digital content without breaching constitutional protections. At an August hearing, attorney general R. Venkataramani had assured the court that the guidelines would balance competing rights and be drafted in consultation with the News Broadcasters and Digital Association.

Obscenity, accessibility, AI and deepfakes in focus

The ministry’s proposal divides the revamped code into four parts, with the first and most sweeping covering all digital content: news, streaming, and user-generated posts. It lifts much of its language from the television Programme Code, barring content that is defamatory, contemptuous of court, anti-national, or derogatory towards religious groups.

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New prohibitions include material that derides any race or caste, glorifies violence, presents criminality as desirable, relies on vulgar or repulsive themes, or denigrates persons with disabilities. To determine obscenity, the proposal leans on the Community Standard Test laid down in Aveek Sarkar v State of West Bengal.

Curiously, the ministry has not carried over the TV code’s ban on encouraging superstition or blind belief.

The section also proposes guidelines on AI-generated content and deepfakes, drawing from draft rules issued by the Ministry of Electronics and Information Technology. The overlap adds to a long-running tussle over which ministry governs influencers and user posts.

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Rules for streaming platforms and digital news

For streaming platforms, the draft retains much of the existing content-classification and child-protection framework under the 2021 rules. It also folds in accessibility standards under consultation, requiring services such as Netflix and JioHotstar to “strive” to offer features for visually and hearing-impaired users across their catalogues within 24 months.

Sections for user-generated content and digital news are still under consideration, but the latter is expected to continue referencing the norms of the Press Council of India and the Programme Code.

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A broader regulatory ambition

This is not the first time the ministry has attempted to regulate influencers and digital news. The 2023 and secret 2024 drafts of the Broadcasting Services (Regulation) Bill attempted sweeping oversight, and the government has explored expanding the Press Council into a cross-media watchdog. In parallel, the ministry has used an inter-ministerial committee to order takedowns of streaming sites, apps and social-media accounts under Section 79 of the IT Act.

With obscenity, AI, accessibility and content moderation now bundled into a single overhaul, the government is gearing up for a wider regulatory grip over the country’s booming digital ecosystem and the final draft promises to land with a punch.

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I&B Ministry

Digital radio, D2M tech set to reshape broadcasting and public messaging

Govt pushes next-gen delivery while TRAI tightens grip on spam ecosystem

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NEW DELHI: India’s broadcasting and telecom landscape is undergoing a quiet but significant upgrade, with digital radio and Direct-to-Mobile (D2M) technologies emerging as powerful tools for mass communication, while regulators step up efforts to tackle spam calls.

According to the Ministry of Information and Broadcasting, digital radio and D2M are poised to transform how content reaches audiences by making more efficient use of spectrum. In simple terms, multiple channels can now be delivered over a single frequency, opening the door to a wider range of free-to-air content.

D2M technology takes this a step further by enabling video, audio and data to be broadcast directly to mobile handsets without relying on SIM cards or mobile data. The result is a resilient and cost-effective data pipe that can deliver everything from entertainment and education to critical emergency alerts, even in low-connectivity scenarios.

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At the same time, the Telecom Regulatory Authority of India is tightening its grip on unsolicited commercial communication, better known as spam calls. The regulator has deployed a distributed ledger technology platform to bring transparency and accountability into the system.

Through this blockchain-based setup, consumers can register their preferences on receiving promotional messages, while businesses and telemarketers must also sign up and operate within defined rules. The platform also includes a complaint mechanism that allows users to report spam, with complaints shared across telecom operators for coordinated action.

The government’s broader push is being supported by infrastructure upgrades under the Broadcasting Infrastructure and Network Development scheme. Implemented through Prasar Bharati, the initiative focuses on modernising networks such as Akashvani and Doordarshan, including digitisation and adoption of next-generation broadcast equipment.

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In a written reply in the Lok Sabha, Ministry of Information and Broadcasting minister of state for information and broadcasting L. Murugan said these steps are part of a larger effort to promote emerging technologies and strengthen the country’s broadcasting backbone. The response came to a query raised by member of Parliament Rao Rajendra Singh.

Together, these developments point to a dual-track strategy: expanding access to reliable, low-cost content while cleaning up the communication ecosystem. As digital pipes get smarter and spam filters sharper, India’s airwaves may soon feel a lot less noisy and far more useful.

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