MIB Bans 18 OTT Platforms for Publishing Obscene and Vulgar Content

The Ministry of Information & Broadcasting (“MIB”) (on March 14, 2024) has banned 18 OTT platforms under the provisions of the Information Technology Act, 2000 (“IT Act”) which were engaged in publishing obscene, vulgar or pornographic content. Further, 19 websites, 10 apps (7 on Google Play Store, 3 on Apple App Store) and 57 social media accounts associated with these platforms have also been disabled for public access in India.

The notification mentioned that “the content hosted on these platforms was found to be obscene, vulgar, and portrayed women in a demeaning manner.” In light of such depictions, the content was considered as prima facie violative of Section 67 and 67A of the IT Act (which prohibits obscene and sexually explicit material, respectively), Section 292 of the Indian Penal Code 1860 (which prohibits the sale, distribution, exhibition, or possession of any obscene object or materials), and Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986 (which prohibits the sale, distribution of any post, photograph, or anything which contains indecent representation of women in any form).

It has further been mentioned in the press release that MIB, “consistently conducts sensitization efforts with OTT platforms and their self-regulatory bodies established under the IT Rules, 2021 through meetings, webinars, workshops, etc…Several measures have been undertaken in this regard, including the introduction of the Inaugural OTT Award for Web Series at the 54th International Film Festival of India, collaboration with OTT platforms in the media and entertainment sector, and the establishment of a light touch regulatory framework with an emphasis on self-regulation under the IT Rules, 2021.”

This action by the MIB seems to be with the aim of curbing the spread of obscenity, vulgarity and abuse which is published under the pretext of ‘creative expression’ by such platforms. Such an initiative by the MIB might bring a balanced approach for preserving freedom of expression and at the same time ensuring that such freedom is is not being misused to propagate harmful, offensive or vulgar material to the society at large.

LinkedIn Content - The Ministry of Information & Broadcasting has banned 18 OTT platforms (and the website as well as mobile applications associated with such OTT platforms) under the provisions of the Information Technology Act, 2000 (read with the Indecent Representation of Women (Prohibition) Act, 1986 and the Indian Penal Code, 1860). The content hosted on these platforms was considered to be obscene, vulgar or pornographic.