Context: 

Following the “India’s Got Latent” controversy, the Centre is examining the need to create a new legal framework to regulate violent and obscene content on digital platforms.

More on the News

• An obscene comment made by a guest on the comedy show has provoked nationwide outrage and demands for regulating digital platforms.
• The Union Information and Broadcasting Ministry is examining current laws and the need for a new legal framework to regulate such ‘harmful content’.

Need for a New Legal Framework 

• Gaps in Existing Laws: Existing safeguards are fragmented under different laws necessitating a holistic and effective legal framework. New media such as OTT platforms, YouTube and other social media do not fall under a specific regulatory framework.
• Limitations of Present Rules: Implementation of the Digital Media Ethics Code (IT Rules, 2021) has been stayed by several high courts. Moreover, YouTube is not made liable for user-generated content. 
• Judicial Intervention: The Supreme Court noted the lack of effective regulations against obscene content and stated that it would act if the government fails to step up.

Mechanisms Governing Obscenity in Online Content

Intermediary Guidelines and Digital Media Ethics Code (IT Rules, 2021)

• OTTs are required to implement a three-level grievance redressal mechanism which includes: 1) Self-regulation at the platforms’ level, 2) Industry-wide self-regulation, 3) An oversight mechanism by the government. 
• It mandates age-based classification, and restricts access to ‘A’-rated content for children.

Indecent Representation of Women Act, 1986: Prohibits indecent representation of women in any manner.

Bhartiya Nyaya Sanhita (BNS), 2023: Section 294 penalises the sale, distribution, or creation of obscene materials, including books, drawings, and electronic content. Obscene materials are those that are lascivious, appeal to inappropriate interests, or can corrupt public morals.

Protection of Children from Sexual Offences (POCSO) Act: Penalises the use of children for pornographic purposes or pornographic material. 

Information Technology (IT) Act, 2000: Section 67 penalises the publication or transmission of obscene material in electronic form.

Cable Television Networks (Regulation) Act, 1995: Concerns the certification of cinematograph films for exhibition.

Young Persons (Harmful Publication) Act, 1956: Defines ‘harmful publication’ as publications that portray the commission of offences, violence, cruelty, or repulsive incidents.

Relevant Court Judgments

Ranjit D. Udeshi v. State of Maharashtra (1964): SC adopted the Hicklin Test to determine whether a book is obscene. 

• The Hicklin Test considers whether the material in question can deprave and corrupt the minds of susceptible individuals. 

Aveek Sarkar v. State of West Bengal (2014): SC adopted the community standards test to test obscenity, emphasising the need to consider social norms instead of individual sensitivities.

College Romance Case (2024): The court made a distinction between obscenity and profanity (which includes expletives).