The Union government recently proposed amendments to the Information Technology Rules, 2021, aiming to clarify the definition of “obscenity” and broaden restrictions on online content across social media and digital platforms. This comes in response to growing concerns about harmful content in the digital realm.
The IT Rules, 2021 establish a regulatory framework that governs online publishers of news, current affairs, and curated audio-visual content. They introduce a three-tier grievance redressal mechanism, which comprises:
The Ministry of Information and Broadcasting has consistently raised concerns regarding the misuse of freedom of expression to spread obscene, violent, or harmful content online. The recent proposal references the Supreme Court's “Community Standards Test” from the case Aveek Sarkar v. State of West Bengal, emphasizing that content with substantial literary, artistic, scientific, or political value should not be classified as obscene.
This initiative is driven by the Supreme Court's recommendations for the government to develop clearer and more precise norms for online content regulation.
The proposed guidelines introduce a new "Obscenity" heading in the Code of Ethics, detailing 17 broad restrictions applicable to online platforms. Here are the major content restrictions outlined:
For Over-The-Top (OTT) platforms, the guidelines impose requirements akin to those under the Cinematograph Act, 1952. Content must be suitable for public exhibition, ensuring adherence to established standards.
Several legal provisions already govern obscenity in India:
The proposed amendments under the IT Rules, 2021 signify a pivotal shift in how online content is regulated, aiming to create a safer digital environment while balancing freedom of expression.
Q1. What are the new guidelines under IT Rules, 2021?
Answer: The new guidelines define "obscenity" and expand restrictions on online content, introducing 17 prohibitions for digital platforms to follow.
Q2. How do the new rules affect OTT platforms?
Answer: OTT platforms must comply with standards similar to the Cinematograph Act, ensuring that all content is suitable for public viewing.
Q3. What is the “Community Standards Test”?
Answer: This test, established by the Supreme Court, determines that content with significant literary or artistic value should not be deemed obscene.
Q4. What penalties exist for obscenity under the IT Act?
Answer: Section 67 imposes penalties of up to three years imprisonment and fines up to ₹5 lakh for publishing obscene material electronically.
Q5. Why are these changes necessary?
Answer: These amendments aim to address concerns regarding the misuse of freedom of expression and to create a safer digital environment for users.
Question 1: What is the primary purpose of the IT Rules, 2021?
A) To regulate offline media
B) To define obscenity online
C) To promote digital marketing
D) To enhance print journalism
Correct Answer: B
Question 2: What does Section 67 of the IT Act address?
A) Freedom of speech
B) Obscene material publication
C) Digital privacy
D) Online trade
Correct Answer: B
Question 3: How many restrictions are proposed under the new "Obscenity" guidelines?
A) 10
B) 15
C) 17
D) 20
Correct Answer: C
Question 4: What is the penalty for first-time offenders under Section 294 of BNS?
A) 1 year and ₹2,000
B) 2 years and ₹5,000
C) 3 years and ₹10,000
D) 5 years and ₹50,000
Correct Answer: B
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