IT Rules 2021: OTT Platforms, Social Media Must Bar Prohibited Content, Says Govt
Union Minister Ashwini Vaishnaw informed the Lok Sabha that the IT Rules, 2021 require OTT platforms and social media intermediaries to prevent prohibited content, while 50 OTT platforms were blocked over the last two years for alleged legal violations
The Central Government has informed the Lok Sabha that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require over-the-top (OTT) platforms and social media intermediaries to prevent the hosting and dissemination of unlawful content. It also disclosed that 50 OTT platforms have been disabled for public access in India over the last two years for allegedly displaying obscene content and violating provisions of the Information Technology Act and other applicable laws.
The statement was made by Union Minister for Electronics and Information Technology Ashwini Vaishnaw in a written reply in the Lok Sabha on Wednesday, outlining the legal framework governing online curated content and intermediaries.
Vaishnaw informed Parliament that the IT Rules, 2021, notified on February 25, 2021 under the Information Technology Act, 2000, establish an institutional mechanism for regulating publishers of digital news and online curated content, including OTT platforms. Part III of the Rules prescribes a Code of Ethics for publishers of digital news and OTT services, while complaints relating to such content are dealt with under the mechanism provided in the Rules.
The minister stated that the government regularly acts against intermediaries and OTT platforms upon receiving complaints of unlawful content. He said that during the last two years, 50 OTT platforms were disabled for public access in India for allegedly displaying obscene material and violating Sections 67 and 67A of the Information Technology Act, 2000, Section 294 of the Bharatiya Nyaya Sanhita (BNS), and Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
"The government has disabled 50 OTT Platforms for public access in India in the last two years for displaying obscene content and for violation of Section 67 and 67A of the IT Act, Section 294 of the BNS and Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986," Vaishnaw stated in his written reply.
The minister further explained that the Centre exercises its powers under Section 79(3)(b) of the Information Technology Act, 2000, which enables the government to notify intermediaries to remove or disable access to unlawful content after receiving appropriate complaints or information.
Highlighting the responsibilities of intermediaries, Vaishnaw said that the IT Rules, 2021 mandate platforms to exercise due diligence while discharging their obligations. They are also required to inform users that they must not host, upload, publish, transmit, modify, display or share information that is harmful to children or otherwise violates any law in force.
"The IT Rules require that the intermediaries observe due diligence while discharging their duties and shall inform the users of computer resources not to host, display, upload, modify, publish, transmit, update or share any information that is harmful to children or violates any law for the time being in force," the minister said.
According to the government, the Information Technology Act, 2000, read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, provides the statutory framework for promoting a safe, trusted and accountable digital ecosystem, while safeguarding users, including children, from harmful online content.