MIB Steps In, Urges OTT Platforms to Comply with Code of Ethics

In response to growing concerns over the spread of explicit content, the Ministry of Information and Broadcasting (MIB) has issued an advisory urging OTT platforms to adhere to the provisions of the applicable laws and the Code of Ethics prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, when publishing content on their platforms.

This move follows complaints about the alleged spread of obscene, pornographic and vulgar content published by publishers of online curated content and social media. The advisory comes in the wake of controversy surrounding podcaster Ranveer Allahbadia’s remarks on a comedy show. The Supreme Court, after granting him protection from arrest, noted the “vacuum” in law and questioned whether the government planned to address obscenity in social media content. This issue was also raised by the Parliamentary Standing Committee on Communications and Information Technology, which has sought a note from the Ministry of Electronics and Information Technology (MeitY) on the effectiveness of existing laws and the need to bring in amendments.

Adherence to the Code of Ethics under IT Rules

Part III of the IT Rules envisages a three-tier structure to ensure compliance with the Code of Ethics by publishers and for grievance redressal:

• Level I: Self-regulation by publishers;
• Level II: Self-regulation by self-regulating bodies of the publishers;
• Level III: Oversight mechanism by the central government.

The Code of Ethics bars publishers of online curated content from transmitting or publishing any content which is prohibited by law. It also prescribes an age-based classification of content based on guidelines outlined in the Schedule to the 2021 Rules. Additionally, the Code requires publishers to implement access control measures for ‘A’ rated content to restrict access to such content by a child.

In its advisory dated February 19, 2025, MIB urges OTT platforms to comply with the Code of Ethics, with an emphasis on stricter adherence to the age-based classification of content. Further, self-regulatory bodies of OTT platforms have been called upon to proactively address any violations of the Code of Ethics, as they are tasked with ensuring adherence to the Code under the 2021 Rules.

Other Applicable Laws

The advisory draws attention to the provisions of the Indecent Representation of Women Act, 1986, the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Information Technology Act, 2000, which make the publication of obscene/pornographic content a punishable offence.

Challenge to IT Rules

Interestingly, the Bombay High Court issued an interim order in August 2021, staying the provisions that mandated adherence to the Code of Ethics and the establishment of the three-tier structure (Sub-rules (1) and (3) of Rule 9). The Madras High Court later expressed the view that this decision should have a pan-India effect. Even prior to these rulings, the Kerala High Court had directed the government not to take any coercive action against Live Law Media Private Limited for non-compliance with the provisions contained in Part III of the Rules, as they were publishers of law reports and legal literature.

In March of last year, all petitions across the country challenging the provisions of the IT Rules were transferred to the Delhi High Court. These cases are currently pending, divided into two parts: one addressing challenges to Part II (Due Diligence by Intermediaries and Grievance Redressal Mechanism) and the other focusing on challenges to Part III (Code of Ethics and Procedures and Safeguards Related to Digital Media) of the Rules. The matter is scheduled for the next hearing on April 25, 2025.

However, the interim protections granted by the High Courts in 2021 remain in effect, and the new advisory does not appear to acknowledge this.