MIB Issues Latest Advisory for OTT Platforms Amid Content Regulation Debate

On February 19, 2025, the Ministry of Information and Broadcasting (“MIB“) issued an advisory to Over-The-Top (“OTT“) platforms and self-regulatory bodies of OTT platforms (“Advisory“), emphasizing the need to strictly adhere to the Indian laws and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines“). This Advisory follows the growing public concerns regarding the proliferation of obscene, pornographic and vulgar content on various OTT platforms and on social media.

The rapid increase of OTT platforms in India has revolutionized content consumption, offering audiences access to a diverse range of programming. The publication of media directly to online platforms bypasses the traditional methods by which the government seeks to regulate content broadcast in India, leading to concerns about the nature of the content being made available, with particular emphasis on material deemed inappropriate or offensive. The Advisory outlines specific instructions for OTT platforms and their self-regulatory bodies. The key directives of the Advisory include:

1. Proactive Self-Regulation: The Intermediary Guidelines prescribe a code of ethics (“Code of Ethics“) to be followed by the OTT platforms and provide for an institutional grievance redressal mechanism to address the violation of the Code of Ethics by these OTT platforms. The Advisory emphasises that the self-regulatory bodies shall ensure alignment of the content published by the OTT platforms with the Code of Ethics and requires the self-regulatory bodies to take appropriate proactive action for any violation of the same by the OTT platforms.
2. Content Classification and Age Ratings: The Advisory requires OTT platforms to undertake age-based classification of content based on general guidelines provided under the Intermediary Guidelines. This would include ensuring that content published on OTT platforms are categorised in a manner that prevents minors from accessing material deemed inappropriate and requires that every publisher of online content which has an “A” rating to take all efforts to restrict access to such content by a child through the implementation of appropriate access control measures. Under the Code of Ethics, the OTT platforms would need to consider the sensitivities and standards of the Indian audience while classifying content, ensuring a fit between the nature of the material published and the age group targeted by the same.
3. Compliance with Indian Laws: The OTT platforms are mandated to ensure that all content is aligned with Indian legal standards, including the Indecent Representation of Women Act, 1986, the Protection of Children from Sexual Offences Act, 2012, the Bharatiya Nyay Sanhita, 2023, and the Information Technology Act, 2000. The Advisory further emphasises that the publication of obscene/pornographic content is a punishable offence under the aforementioned laws. The MIB highlights that any content published on OTT platforms that are in violation of these laws must be removed promptly to protect vulnerable audiences from harmful content.
4. Ban on Unlawful Content: The Advisory reiterates the prohibition of publishing unlawful content on OTT platforms. In line with the Intermediary Guidelines, the content published on the OTT platforms would need to be considered in the light of the contemporary standards of the country and the people to which this content would relate.

These measures are meant to ensure that the OTT platforms uphold a sense of responsibility in the content they distribute, not only to their viewers but also the country’s broader social values.

The MIB on November 26, 2024, had issued another advisory to OTT platforms, calling for the responsible depiction of drug use (“2024 Advisory“). The 2024 Advisory was aimed at addressing the impact of the glamorization and glorification of drug use by protagonists and other actors, and its repercussions and influence on young and impressionable viewers. Through the 2024 Advisory, the MIB drew attention to the Intermediary Guidelines and the Code of Ethics, stating that the OTT platforms shall not transmit, publish or exhibit any content which is prohibited under any law or court. Furthermore, any content that would portray (a) misuse of psychotropic substances, liquor, smoking and tobacco; and (b) potentially dangerous behaviours that would likely incite the commission of any offence, shall receive a higher classification.

In light of the aforementioned advisories, it is important to note that, through the introduction of the Intermediary Guidelines, the government has expanded its authority over digital platforms, allowing oversight of online content and digital news media. In consequence to this, several petitions were filed before various high courts across the country challenging the constitutionality of the Intermediary Guidelines. The central argument against the Intermediary Guidelines includes the fact that they give excessive power to the government to regulate content which can lead to overreach and censorship. Furthermore, the lack of clear standards would place an undue burden on content creators, who may face legal consequences for content deemed to be offensive or controversial. These petitions challenging the provisions of the Intermediary Guidelines are currently pending before the Delhi High Court.

The Advisory, along with the 2024 Advisory, underscores the government’s determination to ensure that OTT platforms operate within the framework of Indian laws and societal norms. While this Advisory is issued in response to recent controversies regarding inappropriate content being streamed on digital platforms, the Advisory further highlights the debate surrounding the regulation of digital content and government oversight. While the government has failed to acknowledge the challenge to the Intermediary Guidelines in the issuance of the Advisory, it would be important to monitor the proceedings before the Delhi High Court to understand the implications and effect of the Advisory.