India to Revamp IT Rules to Clamp Down on Obscene Online Content

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The Indian government is set to amend the Information Technology (IT) Rules, 2021, to tackle the growing issue of obscene content online. The proposed changes aim to regulate digital content, introduce an ethics code for social media users, and extend the compliance framework to influencers and lay users on social media. According to a detailed proposal prepared by the Ministry of Information and Broadcasting (MIB), the new rules will define 'obscene digital content' as any material that is lascivious, appeals to the prurient interest, or has the potential to deprave and corrupt individuals. The revised Code of Ethics will list types of prohibited content, including material that offends good taste or decency, contains obscene or defamatory content, or denigrates women. To determine whether content violates the Code, the MIB has referred to the community standards test in Aveek Sarkar v State of West Bengal. The draft also proposes rating categories for online curated content, including U, U/A 7+, U/A 13+, U/A 16+, and A. Publishers will be required to display ratings and descriptors before the programme begins, and platforms making U/A 13+ or higher-rated content available will need to provide parental locks. The proposed changes have been placed before the Supreme Court, which had suggested that the Centre draft a framework that addresses concerns over obscene and offensive online content without violating free speech rights. The MIB has argued that it needs to present a comprehensive legal framework before the Supreme Court at the next hearing. Industry experts believe that the proposed changes are necessary to address the growing issue of obscene content online. Garima Saxena, senior research associate at The Dialogue, said that despite the high court's stay on certain rules, digital newsrooms and OTT services have already internalised the architecture envisaged under the Rules and are complying with the Code of Ethics and the three-tier grievance redressal mechanism. The MIB's proposal is expected to be submitted to the Supreme Court soon, and the government is likely to face opposition from free speech advocates who argue that the proposed changes could stifle online expression. However, the government believes that the new rules are necessary to protect individuals from obscene and offensive content online.