I&B ministry issues advisory for OTTs, mandates adherence to Indian laws

New Delhi: The Ministry of Information and Broadcasting (MIB), on Wednesday, issued an advisory directing OTT platforms to refrain from publishing content prohibited by law, implement age-based content classification, and enforce access control mechanisms for adult-rated content.

The advisory assumes significance due to row over YouTuber Ranveer Allahbadia's crass remarks on a digital show.

The advisory issued by the I&B ministry for OTT platforms seeks strict adherence to the Indian laws and the Code of Ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The MIB has also listed the laws under the ambit of which, the OTT platforms will be put in case of violation. These are: Indecent Representation of Women Act, 1986, Bhartiya Nyay Sanhita (BNS), 2023, Protection of Children from Sexual Offences (POCSO) Act, and Information Technology (IT) Act, 2000, 

The ministry stated, “It is advised that the OTT platforms 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 of Ethics. 

Further, Self-regulatory Bodies of OTT platforms are requested to take appropriate proactive action for violation of Code of Ethics by the platforms.” 

The advisory comes amid a heightened scrutiny of digital content in India, with the regulators, lawmakers, and the public calling for greater accountability in online entertainment. 

This is followed by the ministry issuing an advisory for OTT platforms urging them to exercise caution in streaming content that may inadvertently promote or glamorise the use of narcotic drugs and psychotropic substances.

Recently, the Parliamentary Standing Committee on Communications and Information Technology asked the Ministry of Information and Broadcasting to provide a note regarding the amendments required in all the laws related to media due to the emergence of new forms of technology and media platforms. 

The guidelines reference the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandate that publishers refrain from transmitting content prohibited by law or court orders. 

Specifically, content depicting the misuse of substances like drugs, alcohol, and tobacco must adhere to stricter classification standards, particularly for younger audiences.

Key directives for OTT platforms:

1. Higher classification for drug depictions: Content portraying substance abuse or potentially dangerous behaviour that could incite offences or self-harm must receive higher classification ratings.
   

2. Avoid glamorisation of drug use: Content that incorporates drug use as part of the narrative should avoid portraying such behaviour as fashionable or socially acceptable.
   

3. Compliance with NDPS Act: Platforms are reminded of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which penalises the use and promotion of substances like cannabis, poppy, and cocaine. Glamorous depictions may be seen as abetment and could lead to legal consequences.
   

4. Content disclaimers and public health messaging: Platforms are advised to include clear disclaimers and warnings in content featuring drug use, emphasising the harmful consequences. They are also encouraged to support public health campaigns and create educational content on the dangers of drug abuse.