Government moves to tighten digital content norms with new obscenity code

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.

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.

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.

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.

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.