The Union ministry of electronics and IT has issued an advisory to over-the-top (OTT) platforms to strictly adhere to Indian laws on obscenity amid a row over vulgar jokes on social media.

The advisory, however, does not apply to video-streaming platform YouTube, which does not curate content.

The Centre has mulled over bringing OTTs under a censorship framework in the past — a demand that becomes shrill whenever they air politically controversial or sexually progressive shows.

The ministry said it had received complaints from members of Parliament,
statutory organisations and the public relating to the “alleged spread of obscene, pornographic and vulgar content published by certain publishers of online curated content (OTT platforms) and social media”.

“In this regard, it is stated that Part-II of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021, inter alia… requires OTT platforms not to transmit any content which is prohibited by law, undertake age-based classification of content, based on general guidelines provided in the Schedule to the Rules, implementation of access control mechanism for ‘A’ rated content to restrict access to such content by a child,” the advisory said.

“Attention is also invited to the provisions of Indecent Representation of Women Act, 1986, Bhartiya Nyay 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.”

The advisory also asked self-regulatory bodies of the OTT platforms to take appropriate proactive action for any violation of the Code of Ethics by the platforms and ensure strict adherence to the age-based classification of content.

Recently, YouTuber and podcaster Ranveer Allahbadia’s remarks on parental sex on comedian Samay Raina’s show, India’s Got Latent, triggered a controversy and led to the filing of several FIRs against him.