Ensuring Ethical Compliance in Digital Content: A Comprehensive Analysis of the Ministry of I&B’s Advisory on OTT Platforms and Social Media

Ensuring Ethical Compliance in Digital Content: A Comprehensive Analysis of the Ministry of I&B’s Advisory on OTT Platforms and Social Media 
By Abhishek Jat, Advocate

The rapid proliferation of digital content in India, particularly through Over-The-Top (OTT) platforms and social media, has revolutionized the way information and entertainment are consumed. However, this growth has also raised significant concerns regarding the ethical and legal responsibilities of content creators, publishers, and platforms. In response to these concerns, the Ministry of Information and Broadcasting (I&B) has issued a detailed advisory to OTT platforms and social media entities, reiterating the importance of adhering to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). This advisory serves as a critical reminder of the legal obligations and ethical standards that digital platforms must uphold in their operations.

The Legal Framework: IT Rules, 2021 and Associated Legislation

The IT Rules, 2021, introduced by the Government of India, represent a significant step towards regulating digital content. Part III of these rules specifically addresses OTT platforms and mandates a Code of Ethics that content creators and publishers must follow. The Code of Ethics requires platforms to ensure that their content does not violate Indian laws, particularly those prohibiting obscenity, pornography, and vulgarity. Additionally, the rules mandate age-based content classification, which is critical for ensuring that inappropriate content is not accessible to minors.

The advisory also references other key legislations, including:

• Indecent Representation of Women Act, 1986: This act prohibits the indecent representation of women through advertisements, publications, or any other medium.
• Bhartiya Nyay Sanhita (BNS), 2023: The newly enacted criminal code includes provisions to address obscenity and other related offenses.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: This act aims to protect children from sexual exploitation and abuse, including through digital content.
• Information Technology (IT) Act, 2000: The IT Act provides the legal framework for addressing cybercrimes, including the dissemination of obscene or pornographic content.

These laws collectively emphasize the legal consequences of publishing or distributing prohibited content, with penalties ranging from fines to imprisonment. The advisory serves as a timely reminder that non-compliance with these laws can result in severe legal repercussions.

The Role of Self-Regulatory Bodies (SRBs)

One of the cornerstone features of the IT Rules, 2021, is the establishment of self-regulatory bodies (SRBs) for OTT platforms. These bodies are tasked with overseeing the implementation of the Code of Ethics and ensuring that platforms adhere to the prescribed guidelines. The advisory underscores the proactive role that SRBs must play in addressing grievances and taking appropriate action against violations. This self-regulatory mechanism is designed to balance creative freedom with ethical responsibility, ensuring that content creators and publishers operate within the bounds of the law.

SRBs are expected to:

• Monitor content for compliance with the Code of Ethics.
• Address public grievances related to content violations.
• Take corrective action against platforms that fail to adhere to the guidelines.
• Ensure that platforms implement age-based content classification and access control mechanisms.

By empowering SRBs to oversee compliance, the IT Rules, 2021, aim to create a more accountable and responsible digital content ecosystem.

Recent Controversies and the Need for Stricter Compliance

The advisory from the Ministry of I&B comes in the wake of several controversies involving the alleged spread of obscene and vulgar content on OTT platforms and social media. One such incident involved a prominent influencer who faced backlash for allegedly disseminating inappropriate content, sparking widespread debates on content moderation and ethical responsibility. These incidents have highlighted the growing scrutiny faced by digital platforms and the potential legal risks associated with non-compliance.

The advisory also references concerns raised by Members of Parliament and public grievances regarding the proliferation of objectionable content. These concerns have underscored the need for stricter enforcement of the IT Rules, 2021, and other relevant laws to ensure that digital platforms operate in a manner that is consistent with Indian cultural and legal norms.

Key Takeaways for OTT Platforms and Social Media Entities

1. Adherence to the Code of Ethics: OTT platforms must ensure that their content aligns with the Code of Ethics prescribed under the IT Rules, 2021. This includes avoiding the publication of content that is prohibited by law, such as obscene or pornographic material.
2. Age-Based Classification and Access Controls: Platforms are required to implement age-based content classification and access control mechanisms, particularly for 'A' rated content. This is crucial to prevent minors from accessing inappropriate material.
3. Proactive Role of Self-Regulatory Bodies: SRBs must take proactive measures to address violations of the Code of Ethics and ensure that platforms comply with the prescribed guidelines.
4. Legal Consequences of Non-Compliance: Violations of the IT Rules, 2021, and other relevant laws can lead to legal action, including criminal prosecution under the Bhartiya Nyay Sanhita, POCSO Act, and IT Act, 2000.
5. Public Accountability: Platforms must be responsive to public grievances and concerns regarding content violations. This includes cooperating with SRBs and regulatory authorities to address complaints and take corrective action.

The Evolving Digital Landscape: Challenges and Opportunities

As the digital content landscape continues to evolve, brands, influencers, and platforms must navigate a complex web of legal and ethical responsibilities. The recent advisory from the Ministry of I&B serves as a stark reminder of the importance of compliance with Indian laws and the need for stricter content moderation. In an era where digital content has far-reaching implications, it is imperative for all stakeholders to prioritize ethical practices and ensure that their content aligns with the legal framework.

The advisory also highlights the challenges faced by digital platforms in balancing creative freedom with regulatory compliance. While the IT Rules, 2021, provide a framework for ethical content creation, the implementation of these rules requires a collaborative effort between platforms, SRBs, and regulatory authorities. This collaboration is essential to create a digital ecosystem that is both innovative and responsible.

Conclusion

The Ministry of I&B's advisory is a significant step towards ensuring ethical compliance in the digital content space. By reinforcing the importance of adherence to the IT Rules, 2021, and other relevant laws, the advisory aims to create a safer and more responsible digital ecosystem. As the legal landscape continues to evolve, OTT platforms, social media entities, and content creators must remain vigilant and proactive in their efforts to comply with the prescribed guidelines. The role of self-regulatory bodies will be crucial in achieving this balance, ensuring that creative freedom is exercised within the bounds of ethical and legal responsibility.