I&b ministry plans new laws to regulate digital content

I&b ministry plans new laws to regulate digital content

The Information and Broadcasting Ministry is examining the existing statutory provisions and the need for a new legal framework to regulate “harmful” content on digital platforms, indicating the government’s move to sharpen its vigilance over them following an outcry over Ranveer Allahbadia’s comments on a YouTube programme.

In its reply to a parliamentary panel’s communication over the issue, the Ministry said there was 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”.

It told the Standing Committee on Communications and Information Technology headed by BJP MP Nishikant Dubey that while certain provisions existed under the current laws, there was a growing demand for a stricter and effective legal framework to regulate such harmful content.

It said, “This Ministry has taken note of these developments and is in process of examining current statutory provisions and need for a new legal framework.”

The Ministry said the Supreme Court, many High Courts, MPs and statutory bodies such as the National Commission of Women had spoken on the issue after Mr. Allahbadia’s comments drew wide condemnation.

The top court flagged the “vacuum” in law when it comes to content on platforms such as YouTube, and said “all kinds of things are going on”. The Ministry told the panel that it would submit a detailed note after due deliberations.

The committee asked the Ministry on February 13 about the amendments needed in the laws to clamp down on controversial content in the wake of the emergence of new technology and media platforms.

Members across party lines have joined the outcry over Mr. Allahbadia’s comments, prompting the committee to write to the government.

Unlike the conventional print and electronic content, new media services such as over-the-top (OTT) platforms or YouTube have no specific regulatory legal framework.

While there is a view in some quarters that authorities may use new provisions to censor content for extraneous reasons, there is a rising demand for strengthening the legal framework through amendments in the existing laws or by enacting new ones.

While hearing podcaster Mr. Allahbadia’s plea for relief following registration of FIRs against him, the top court observed, “We would like to do something. If the Government of India will willingly, do it, we will be very happy. Otherwise, we are not going to leave this vacuum.”

The Ministry also issued an advisory to OTT platforms and self-regulatory bodies, asking them to strictly adhere to the Code of Ethics prescribed under the IT Rules, 2021 while publishing content.

It asked the self-regulatory bodies of OTT platforms to take appropriate proactive action in case of violation of the Code of Ethics by the platforms.