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Posted 15 Mar 2024

Updated 27 Mar 2024

2 min read

  • Decision was taken as content of OTT platforms was in prima facie in violation of: 
    • Information Technology Act, 2000
      • Section 67: Punishes transmission of obscene materials in electronic form)
      • 67A: Punishment for publishing or transmitting material containing sexually explicit acts, etc.  in electronic form
    • Section 292 of the IPC: Prohibits the circulation, distribution of obscene materials
    • Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986. 
  • In a related development, concerning a new web series, the Delhi High Court (HC) also said that profanity cannot receive constitutional protection of free speech
    • HC asked for stricter application of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. 
      • Under the rules, significant social media intermediaries are required to deploy technology-based measures on a best-effort basis to identify certain types of content.
  • Need for regulating content on OTT and social media platforms as highlighted by (HC): 
    • The sheer enormous power of electronic media and its reach to people of all ages including children of tender age.
    • Vulgar content does not mirror social realities as it does not represent values of all strata of society. 
    • The use of profanity is also a moral issue. 
  • Tags :
  • Information Technology Act, 2000
  • OTT
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