Govt Blocks 25 OTT Platforms for Obscene Content

• Context (TH): The Ministry of Information & Broadcasting blocked ~25 OTT platforms for obscene and indecent representation of women.
• The OTT platforms were blocked due to repeated violations of content laws.
• They streamed obscene content, violating Sections 67 and 67A of the IT Act.
• Women were indecently portrayed (IRW Act), and obscene acts aired publicly (BNS Section 294).
• Platforms reuploaded flagged content after warnings—breaching Section 79(3)(b) of the IT Act.

What are OTT Platforms?

• These platforms offer audio and video streaming services to consumers directly over the internet without requiring them to subscribe to a traditional cable or satellite pay service.
• Examples of OTT platforms: Netflix, Amazon Prime, Disney+ Hotstar.

Regulating OTT Content in India: Legal Provisions

• Multiple laws govern digital content moderation, obscenity, and accountability.
• IT Act Section 67: Prohibits publishing or transmitting obscene material in electronic form.
  • IT Act Section 67A: Penalises online transmission of sexually explicit content.
• BNS Section 294: Criminalises selling or distributing obscene materials, including electronic content.
• IRW Act: Prohibits indecent representation of women in all media, including OTT.
• POCSO Act: Platforms must remove child abuse content & report offences or face criminal liability.

Government Blocking Powers

• IT Act Section 69A: Centre can block online content for security, sovereignty, public order, etc.
• Review Safeguard: Blocking must follow IT Rules 2009 and be cleared by a secretary-led committee.

Safe Harbour and Intermediary Liability

• Section 79, IT Act: Provides safe harbour immunity if intermediaries don’t initiate, modify, or knowingly host unlawful content and follow due diligence.
• Section 79(3)(b), IT Act: Safe harbour lapses if intermediaries fail to act on flagged content after notice or actual knowledge.

Compliance and Reporting Duties

• OTT platforms classified as “significant intermediaries” must comply with structural norms.
• Appointments: Chief Compliance, Nodal, and Resident Grievance Officer must be based in India.
• Data Duties: Retain user data for 180 days; remove flagged content within 24 hours.
• Information Requests: Requests from government agencies must be fulfilled within 72 hours.

Grievance Redressal

• IT Rules 2021 mandate a three-tier system – Platform-level resolution, appeal to DPCGC, and final oversight by an Inter-Departmental Committee under MIB.