I&B Ministry
MIB recants, says only explicit condom ads banned during the day
MUMBAI: After stirring the hornet’s nest on the contentious issue of restricting condom ads to only water-shedding hours, the Ministry of Information and Broadcasting (MIB) has clarified that such ads can be aired on TV during daytime.
In an advisory earlier this month, the MIB had asked all TV channels to air condom advertisements only between 10pm to 6am to avoid exposure of such material to children.
But in a clarification dated 21 December 2017, the ministry said the ban on condom advertisements during daytime applies only to commercials that have sexually explicit content.
In a release, the ministry quoted that “advertisements that do not sexually objectify women and are aimed at informing citizens regarding devices/products/medical interventions to ensure safe sex are not covered under the said advisory.”
The ministry had earlier stated that it had taken note of objections regarding condom ads that are “targeted at a particular age group” being aired on some channels that are considered as ‘indecent especially for children.’ It used Rule 7 (7) and Rule 7 (8) of the Cable TV Networks Rules, 1994 to tell broadcasters to refrain from telecasting ads of condoms that could be considered inappropriate/indecent for viewing by children.
The relaxation on the issue came after the Rajasthan high court issued a notice to the Centre challenging an advisory of the MIB barring TV channels from showing condom ads during prime time.
The petition underlined the fact that condom ads don’t violate Rule 7 of the Cable Television Network Rules, 1994 which apply to anything which endangers the safety of children or create in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner.
The Advertising Standards Council of India (ASCI) had approached the ministry earlier this month for guidance after several people complained regarding the inappropriate nature of the condom ads being telecast during primetime viewing on most channels.
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I&B Ministry
IT Rules tweaks are clarificatory, not expansion of powers: MeitY
Govt signals flexibility as platforms push for clarity on user content rules
NEW DELHI: The Centre has sought to dial down concerns over its proposed amendments to the IT Rules, with Ministry of Electronics and Information Technology secretary S Krishnan asserting that the changes are intended as clarifications rather than an expansion of regulatory powers.
Pushing back against criticism from platforms and civil society, S Krishnan said the amendments “do not in any way actually give us wider powers” and are meant to remove ambiguity in how existing provisions are applied. He added that the trigger came largely from within the ecosystem, with intermediaries themselves seeking clearer guidance on compliance, takedowns and record preservation.
At the heart of the debate is the growing friction between platforms and policymakers over responsibility for user-generated content. Intermediaries have argued that they should not be treated on par with publishers, particularly when content is created and uploaded by users. Krishnan acknowledged this concern, noting that “a sharper distinction” between user content and publisher content is needed and is currently under examination.
The issue becomes more complex in enforcement scenarios. While registered publishers can be directly asked to modify or remove content, intermediaries often lack control over the original creator. “In such cases, the intermediary cannot direct those changes,” Krishnan explained, underlining the need for procedural nuance.
Another key proposal under discussion is to bring user-generated news and current affairs content within a more unified regulatory ambit, potentially under the Ministry of Information and Broadcasting. The move follows suggestions that a single authority should handle such content, regardless of whether it originates from a publisher or an individual user.
Even as the government frames the amendments as a tidy-up exercise, fault lines remain. Industry players have flagged concerns over compliance burdens, especially for smaller businesses, and questioned whether advisories could effectively become binding without explicit legislative backing. Krishnan said the government is mindful of these risks and is exploring ways to ease obligations, including possible relaxations under certain provisions.
The ministry is also considering consolidating multiple advisories and guidelines into a more structured framework, a step widely seen as addressing long-standing confusion over what platforms are expected to follow.
On takedowns, the government has reiterated that due process will remain unchanged. Krishnan stressed that actions will continue to be governed by established procedures, with reasons recorded and review mechanisms in place. He also pointed to the surge in deepfakes and synthetic media as a factor behind rising content disputes, calling it a “scale challenge” for regulators.
Interestingly, Krishnan also framed social media platforms as commercial entities rather than pure vehicles of free expression, hinting at a broader shift in regulatory thinking as platform economics come into sharper focus.
With stakeholders seeking more time and, in some cases, a rollback of the proposals, the government has kept the consultation process open-ended. Krishnan said further revisions remain on the table, signalling a willingness to adapt the draft based on feedback.
For now, the message from MeitY is clear: the rules may not be tightening in intent, but the effort to define them more clearly is well underway.
