Government explores legal framework to regulate obscene content on digital platforms. (Source: Ranveer Allahbadia/Instagram)Amid complaints of obscenity and violence pertaining to content shown on digital platforms, especially in the wake of the recent Ranveer Allahbadia controversy, the government is exploring the need to create a new legal framework to regulate such platforms.In its communication to a parliamentary panel, the Information and Broadcasting (I&B) Ministry has said that there is a growing concern in society that the constitutional right of “Freedom of Expression is being misused to showcase obscene and violent content on digital platforms”.The ministry has told the Standing Committee on Communications and Information Technology — headed by BJP MP Nishikant Dubey — that while certain provisions exist under the current laws, there is a growing demand for a stricter and more effective legal framework to regulate such harmful content. It said, “This ministry has taken note of these developments and is in the process of examining current statutory provisions and the need for a new legal framework.”In the office memorandum dated February 20, the ministry has also said that many high courts and the Supreme Court, MPs and statutory bodies like the National Commission of Women have spoken on the issue.The committee had asked the ministry on February 13 regarding the amendments needed in the existing laws to clamp down on controversial content in the wake of the emergence of new technology and media platforms. The panel had specifically raised the issue surrounding Allahbadia during a meeting last week where Sanjay Jaju, I&B Secretary, was present.After the meeting, the committee wrote to the Ministry of Electronics and Information Technology Secretary S Krishnan over the issue. “In light of the above and growing incidents of misuse of digital and social media platforms, the Ministry of Electronics and IT is requested to send a brief note to this committee on the efficacy of existing laws to deal with such cases and the need to amend the existing laws/IT Act, 2000, in order to bring such platforms under legal scrutiny,” the letter read.A day before writing to the Parliamentary panel, the I&B ministry had also asked OTT (over-the-top) media platforms to adhere to age-based classification of content and ensure self-regulation.Story continues below this adIn an advisory issued on February 19, the ministry asked social media channels and OTT platforms to follow the Code of Ethics prescribed in the IT Rules 2021 and implement “access control for A-rated content” to prevent children from consuming inappropriate material.The government stressed that the law requires OTT platforms to “not transmit any content which is prohibited by law (and) undertake age-based classification of content”. It also cited “the provisions of the Indecent Representation of Women Act, 1986, Bhartiya Nyaya Sanhita (BNS), 2023, Protection of Children from Sexual Offences (POCSO) Act, and Information Technology (IT) Act, 2000, wherein publication of obscene/pornographic content is a punishable offence”.While the Supreme Court granted Allahbadia protection from arrest, it also made very critical observations about his comments. A bench of Justices Surya Kant and N Kotiswar Singh came down heavily on Allahbadia for his comments on the YouTube show India’s Got Latent and asked the Centre if it was planning to take steps to regulate “obscene” content online.The court also stated that it would not “leave a vacuum” and would take action if needed. “Union of India is a party… We would like to do something. The Government of India will willingly do it; we will be very happy. Otherwise, we are not going to leave this vacuum. The way it is being misused by so-called YouTube channels… We have issued notice…” the court said.Story continues below this adAfter the court’s questions to the Centre, the parliamentary panel asked the Ministry of Electronics and Information Technology to submit a note on the efficacy of existing laws in dealing with such cases and suggest amendments needed to bring online platforms under legal scrutiny.The I&B ministry has told the committee that it will submit a detailed note after due deliberations.New media such as OTT platforms or social media have no specific regulatory framework unlike conventional print content or television and films which are covered under specific laws and have a censor board as well. This has triggered demands for amending the laws, more so when controversies pertaining to obscenity or violence emerge, such as the latest row involving podcaster Ranveer Allahbadia.Divya A reports on travel, tourism, culture and social issues - not necessarily in that order - for The Indian Express. She's been a journalist for over a decade now, working with Khaleej Times and The Times of India, before settling down at Express. Besides writing/ editing news reports, she indulges her pen to write short stories. As Sanskriti Prabha Dutt Fellow for Excellence in Journalism, she is researching on the lives of the children of sex workers in India. ... Read More© The Indian Express Pvt LtdTags:Information and Broadcasting ministryRanveer Allahbadia