India's New IT Rules: OTT Content Regulated Under Digital Media Ethics Code, Not Censor Board

The Centre has established a comprehensive three-tier regulatory mechanism for digital content oversight in India.

New Delhi:

In an effort to combat obscenity and create a safer internet environment for all users, particularly women and children, the Indian government has implemented stringent regulations for social media platforms. These rules require platforms with over 50 lakh users to appoint local officers and publish regular compliance reports. According to a parliamentary statement, OTT content on platforms such as Netflix and Amazon Prime will not fall under the Central Board of Film Certification (CBFC) jurisdiction but will instead be regulated through IT rules.

In a Wednesday afternoon statement based on Lok Sabha remarks by L Murugan, the junior Minister of Information and Broadcasting, the ministry clarified that OTT content is governed by Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These guidelines require OTT platforms to refrain from publishing legally prohibited content and to classify their offerings based on age-appropriateness.

The regulatory framework consists of three tiers: self-regulation by the platforms themselves, oversight by the platforms' self-regulating bodies, and ultimate supervision by the Central government. The minister also revealed that the Centre has blocked access to 43 OTT platforms for displaying objectionable content.

In another Lok Sabha response, Minister Murugan outlined how the IT Act and IT rules together create a rigorous framework for addressing unlawful and harmful internet content. These regulations prohibit the storage, transmission, and publication of content deemed obscene, harmful to children, threatening to national security, or in violation of any laws. Additionally, restrictions apply to deepfakes designed to deceive or mislead, as well as AI-generated content that impersonates individuals.

The minister emphasized that platforms, also referred to as social media intermediaries, must appoint Grievance Officers responsible for resolving complaints by removing unlawful content within 72 hours. For content that violates privacy, impersonates individuals, or displays nudity, the timeline is further reduced to just 24 hours.

Significant social media intermediaries—those with over 50 lakh users—are required to implement automated tools to detect and limit the spread of unlawful content. They must also appoint local officers and regularly publish compliance reports.

Under these regulations, platforms offering messaging services are obligated to assist law enforcement agencies in tracing the originators of "serious or sensitive" content.

"In case of failure of the intermediaries to observe the legal obligations as provided in the IT Rules, 2021, they lose their exemption from third party information provided under Section 79 of the IT Act. They are liable for consequential action or prosecution as provided under any extant law," the minister stated in his reply.