New Delhi: Amid the ongoing backlash over vulgarity on social media, the Union government on Thursday (February 20) issued an advisory to over the top (OTT) platforms to abide by laws while publishing content. The advisory comes two days after the Supreme Court flagged a “vacuum in law” while dealing with content on YouTube, and about a week after members of a parliamentary standing committee also raised regulation of vulgar content in their deliberations.
The advisory on Thursday, stated that the Ministry of Information and Broadcasting had received references from parliamentarians and “representations from statutory organisations and public grievances regarding alleged spread of obscene, pornographic and of content published by certain publishers of online curated content (OTT platforms) and vulgar Social Media.”
It said that, “OTT platforms must strictly adhere to the various provisions of applicable laws and the Code of Ethics prescribed under IT Rules, 2021 while publishing content on their platforms, including stricter adherence of the age based classification of content prescribed under the Code Ethics.”
“Further, Self-regulatory Bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms,” it added.
Under Part-III of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021, the Code of Ethics for OTT platforms, requires OTT platforms not to transmit any content which is prohibited by law, undertake age-based classification of content, based on general guidelines provided in the Schedule to the Rules, implementation of access control mechanism for ‘A’ rated content restrict access to such content by a child, and also exercise due caution and discretion.
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The Rules also require that the self-regulatory bodies of OTT platforms oversee and ensure the alignment and adherence to the Code of Ethics by these platforms.
The advisory comes two days after the Supreme Court made severe remarks against YouTuber Ranveer Allahbadia calling his comments “dirty”, “obscene” and “insulting parents” while granting him protection from arrest in cases registered against him in three cities over comments made by him on a comedy show.
Following widespread backlash over his comments, members of the parliamentary committee on Communications and Information Technology headed by Bharatiya Janata Party (BJP) MP Nishikant Dubey, discussed the matter in its deliberations last week.
Speaking to The Wire, Biju Janata Dal (BJD) MP Sasmit Patra who is a member of the committee said that the matter had been raised by parliamentarians across party lines including from members of the Congress, Shiv Sena (UBT), BJD, BJP and Dravida Munnetra Kazhagam (DMK).
“There was a clarity among parliamentarians across the board, the content that is being spoken out is not appropriate for the kind of audience it caters to. While we have censor boards, we are taking precautions through electronic and print, we do not have sufficient safeguards for the digital medium and even if they are there, they are not being adhered to,” said Patra.
Allahbadia, who has a podcast show under his moniker ‘Beer Biceps’, has been on the receiving end of threats, outrage and FIRs since he made a controversial comment on a YouTube show.
He asked a contestant, “Would you rather watch your parents have sex every day or join them to finish it once and for all?” Other comments made by Allahbadia and others on the show including Samay Raina, Ashish Chanchlani, Jaspreet Singh and Apoorva Mukhija, have also been shared in the form of clips – drawing further criticism.
While Allahbadia has been now given protection from arrest by the Supreme Court which has also barred the registration of any further FIRs against him, Patra said that in order to deal with criminalisation of such acts the Bhartiya Nyay Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) already exist.
The centre’s advisory on Thursday also drew attention to “the provisions of Indecent Representation of Women Act, 1986, Bhartiya Nyay Sanhita (BNS), 2023, Protection of Children from Sexual Offences (POCSQ) Act, and Information Technology (IT) Act, 2000 wherein publication of obscene/pornographic content is a punishable offence.”
Also read: Poor Joke or Convenient Target? Understanding the Case Against Ranveer Allahbadia
Patra said that while reasonable restrictions on the right to freedom of expression exist under Article 19(2), in order to “operationalise it, there seems to be a vacuum”.
“I do understand there has to be reasonable restrictions, these are already there in Article 19 (2). But to operationalise it, there seems to be a vacuum-which the Supreme Court also alluded to. It is for the parliament to ponder and government to think whether we should plug that vacuum,” he said.
The apex court had on Tuesday also flagged the “vacuum” in law when it comes to sharing of content on platforms such as YouTube and said “all kinds of things were going on.”
Patra said that while there is Code of Ethics for OTT platforms as referred to by the centre’s advisory on Thursday, there are “certain nuances” for Youtubers even though they fall under these platforms, and there needs to be a code of engagement for YouTubers in particular.
“YouTubers are not news agencies so they don’t do double vetting. Off the cuff remarks pass off as facts. So there is probably a need to look at a YouTuber or Influencer code of engagement. It is not just about the Ranveer Allahabadia matter. As AI becomes part and parcel of life, we don’t know how it is going to be used by YouTubers we don’t know. How does one differentiate that this is watermarked as AI and this is human content? Therefore there needs to be some form of engagement relating to YouTube and I am seized of this,” he said.
