Amid a row over vulgar jokes on social media, the Centre has cracked the whip and warned OTT platforms against transmitting content that is prohibited by the law. In an advisory to over-the-top (OTT) platforms and self-regulatory bodies, the Ministry of Information and Broadcasting also asked them to strictly adhere to the Code of Ethics prescribed under the IT Rules-2021 while publishing content, including stricter adherence to the age-based classification of content.
I&B Ministry’s advisory also asked self-regulatory bodies of OTT platforms to take appropriate proactive action for violation of the Code of Ethics by the platforms. The Ministry said it has received complaints from Members of Parliament, statutory organisations and public grievances regarding the alleged spread of obscene, pornographic and vulgar content published by certain publishers of online curated content (OTT platforms) and social media.
“In view of the above 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 to the age-based classification of content prescribed under the Code of Ethics,” the advisory said.
It said the Code of Ethics, inter-alia, require OTT platforms not to transmit any content that is prohibited by law, undertake age-based classification of content, based on general guidelines provided in the Schedule to the Rules, implement access control mechanism for ‘A’ rated content to restrict access to such content by a child, and also exercise due caution and discretion.
The advisory also comes in the wake of the Supreme Court suggesting regulation on content on social media platforms.
The apex court had flagged the “vacuum” in law when it comes to sharing content on platforms such as YouTube and said “all kinds of things were going on”.The court’s suggestion came following a row involving YouTuber Ranveer Allahbadia on the show India’s Got Latent. The court was hearing a plea filed by him, where he sought clubbing multiple FIRs against him in the matter. The plea also sought protection from arrest.
The court issued notices to the states of Assam and Maharashtra over Allahbadia’s remarks and stayed his arrest in the Guwahati and Thane FIR. Additionally, the court ruled that no further FIRs should be filed against him in the same matter.
The bench of Justices Surya Kant and N Kotiswar Singh urged Allahbadia to cooperate with investigations. It also came down heavily on Allahbadia and instructed Additional Solicitor General Aishwarya Bhati to seek assistance from the Attorney General and Solicitor General on the matter.
“We would like you (the government) to do something. If the government is willing to do something, we are happy; otherwise, we will not leave this vacuum and barren area,” observed Justice Kant. The court has requested the presence of the Attorney General and Solicitor General at the next hearing. The court while coming down on Allahbadia, also refrained him from doing any shows till further notice. He was represented by lawyer Abhinav Chandrachud, who had urged an urgent hearing in the matter before the Supreme Court.
A joint statement by Mumbai and Guwahati Police confirmed that Allahabadia remained unreachable despite multiple FIRs against him.
The National Women’s Commission has also summoned Allahabadia, Samay Raina and others to appear before it in New Delhi. However, they cited safety concerns and prior engagements for not attending.
Earlier, several complaints seeking legal actions were filed against popular YouTubers Samay Raina, Ranveer Allahabadia, Ashish Chanchlani, and Apoorva Mukhija over allegedly obscene and offensive remarks about parents in the show.
