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New Legal Framework for Digital Content Regulation

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Context:

The Information and Broadcasting Ministry is examining the existing statutory provisions and the need for a new legal framework to regulate “harmful” content amid complaints of “obscenity and violence” being shown on digital platforms.

What is Freedom of Speech?

Concern of Misuse of Free Speech

  • The government says, “freedom of expression is being misused to promote obscene and violent content.”
  • Concerns raised by the Supreme Court & the National Commission for Women.

Parliamentary Committee’s Interventions

  • The Standing Committee on Communications & IT, led by BJP MP Nishikant Dubey, demanded amendments to crack down on controversial content.
  • Members across party lines have spoken to support tougher regulation.

Current Regulatory Gap

  • There is a specific regulatory framework for print and electronic media, but OTT platforms and YouTube are not regulated as of yet.
  • The Supreme Court hinted about a “vacuum” in the law, suggesting that it would step in should the government fail.

Govt Advises OTT Platforms

  • The Ministry issued an advisory asking OTT platforms to maintain strict compliance with IT Rules, 2021.
  • Self regulatory bodies were urged to promptly take action against the violations.

With increasing concern about digital content, the government is inching toward increased surveillance but still balancing concerns about po

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