New Delhi: Fresh guardrails have been tightened around social media and OTT platforms as the Government moves to curb online offences and unlawful digital
content. The focus, according to PIB, has been placed on ensuring an open, safe, trusted and accountable internet environment, especially for women and children.
Stronger enforcement has been anchored in the Information Technology Act, 2000, read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Together, these frameworks have been positioned as the backbone of India’s digital regulation strategy, aimed at tackling obscene, misleading, harmful and unlawful content across platforms.
Government tightens digital guardrails to curb unlawful online content
Under the IT Act, clear penalties have been laid down for cyber offences such as privacy violations, publishing obscene or sexually explicit material, and content involving children. Law enforcement agencies have also been empowered to investigate, conduct searches and make arrests in connection with such offences. These provisions, officials said, are meant to strengthen accountability in the rapidly expanding digital space.
Due diligence obligations imposed under the IT Rules, 2021, have placed added responsibility on intermediaries, including social media platforms. Hosting or transmitting content that is obscene, invasive of privacy, harmful to children, deceptive, impersonative, or threatening to national security has been explicitly restricted. Platforms have also been directed to act against content involving deepfakes, hate speech and online harassment.
User awareness has been flagged as a key element of the new regime. Intermediaries have been mandated to clearly inform users about the consequences of sharing unlawful content, including removal of posts, suspension or termination of accounts. At the same time, strict timelines have been introduced for content takedown following court orders, government directions or user complaints.
Grievance redressal mechanisms have been further strengthened. Platforms are required to appoint grievance officers and resolve complaints within 72 hours. Content involving nudity, impersonation or privacy violations must be removed within 24 hours of a complaint. Users have also been given the option to appeal through Grievance Appellate Committees, accessible online, to ensure transparency in moderation decisions.
Social media platforms face stricter due diligence obligations
Additional obligations have been placed on Significant Social Media Intermediaries. These include assisting law enforcement in tracing the originators of serious content, deploying automated tools to limit the spread of unlawful material, publishing compliance reports and maintaining a physical presence in India.
Officials have cautioned that failure to comply with these rules would result in intermediaries losing their legal protection under Section 79 of the IT Act, making them liable for prosecution.
The regulatory push has extended to OTT platforms as well. Under Part III of the IT Rules, a Code of Ethics has been enforced for publishers of online curated content. Platforms have been barred from streaming content prohibited by law. So far, public access to 43 OTT platforms has been disabled in India for displaying obscene material.
