Regulating Digital Platforms in India: The Need for a New Legal Framework

Context

With the rise of OTT platforms, social media, and digital streaming, concerns over violent, obscene, and misleading content have increased. While freedom of expression is a fundamental right, it is subject to reasonable restrictions under Article 19(2) of the Indian Constitution to ensure public morality, security, and law and order.

• The government is reviewing existing laws to see if they effectively regulate digital content.
• Judiciary, policymakers, and statutory bodies have raised concerns over unregulated and harmful content.
• The Ranveer Allahbadia controversy, where the Supreme Court criticized his remarks while granting him protection from arrest, has highlighted the issue.

The Ministry of Information and Broadcasting (I&B) is now considering amendments or a new legal framework for better regulation.

Concerns Over Digital Content Regulation

Various institutions, including the Supreme Court (SC), High Courts (HCs), Parliament, and the National Commission for Women (NCW), have raised concerns:

• The NCW has objected to the indecent portrayal of women on digital platforms.
• The Standing Committee on Communications and Information Technology has asked the government to clarify amendments needed in existing laws.
• Public demand is growing for stricter content regulations, especially for OTT and social media platforms.

Example: Ranveer Allahbadia Case

• The Supreme Court granted him protection from arrest but strongly criticized his remarks.
• This case has increased discussions on free speech vs. responsible digital content.

Existing Laws Regulating Digital Content

Several laws already regulate digital platforms:

1. IT Rules, 2021 – Requires self-regulation and content classification.
2. Indecent Representation of Women Act, 1986 – Prohibits obscene or derogatory portrayal of women.
3. Bhartiya Nyaya Sanhita (BNS), 2023 – Penalizes publication of obscene content.
4. POCSO Act, 2012 – Protects children from harmful digital content.
5. IT Act, 2000 – Regulates online publication of obscene material.

Recent Government Directives

To address growing concerns, the I&B Ministry has issued new guidelines:

• OTT and social media platforms must:
  • Follow IT Rules, 2021 and implement age-based content classification.
  • Restrict access to A-rated content for children.
  • Remove prohibited content to comply with regulations.

These measures aim to balance free expression with responsible content management.

Challenges in Regulating Digital Content

Despite existing laws, several challenges remain:

1. Lack of a Clear Regulatory Body

   • OTT platforms operate without strict legal oversight.
   • YouTube and social media platforms are intermediaries, limiting their accountability for user-generated content.

2. Legal Challenges to IT Rules, 2021

   • The rules require a three-tier grievance system:
     • Level 1: Self-regulation by platforms.
     • Level 2: Industry-wide self-regulation.
     • Level 3: Government oversight.
   • Multiple High Courts have stayed enforcement of parts of the IT Rules:
     • Bombay and Madras HCs have blocked certain provisions.
     • Kerala HC has restricted coercive action against non-compliance.
   • 15+ petitions challenging these rules are now consolidated in the Delhi HC.

Conclusion

The government is working to strengthen digital content regulations while ensuring freedom of expression is not unfairly restricted.

• Laws are being reviewed to create a balanced framework for digital content.
• Concerns about censorship and creative freedom remain, making judicial and public discussions crucial in shaping regulations.
• A well-structured policy is essential to protect users from harmful content while allowing responsible digital expression.