Brief Context
Context The government has issued a fresh advisory to social media platforms to be stricter in taking down obscene, vulgar, pornographic and other illegal content from their platforms. About Reason: The Ministry of Electronics and Information Technology (MeitY) has repeatedly received complaints that certain content circulating online does not comply with laws on decency and obscenity. Under the IT Rules, 2021, platforms are required to make “reasonable efforts” to ensure that users do not uploa
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Syllabus: GS2/Polity and Governance
Context
- The government has issued a fresh advisory to social media platforms to be stricter in taking down obscene, vulgar, pornographic and other illegal content from their platforms.
About
- Reason: The Ministry of Electronics and Information Technology (MeitY) has repeatedly received complaints that certain content circulating online does not comply with laws on decency and obscenity.
- Under the IT Rules, 2021, platforms are required to make “reasonable efforts” to ensure that users do not upload or share content that is obscene, pornographic or illegal.
- Advisory:
- MeitY asked platforms to ensure that users have easy access to reporting and grievance redressal systems.
- Large social media platforms, in particular, have been told to use automated and technology-based tools to proactively prevent such content from spreading and to ensure faster takedowns.
- 24-hour Takedown Rule: Platforms must remove or disable access to material that is “prima facie” sexual in nature, including impersonation, within 24 hours of receiving a complaint.
- Non-compliance with the provisions of the IT Act and/or the IT Rules, 2021 may result in consequences, including prosecution under the IT Act, BNS, and other applicable criminal laws, against the intermediaries, platforms and their users,
Digital content censorship
- Digital content censorship refers to the control of online content by governments, organizations, or other entities. This includes:
- blocking websites and apps;
- removal of social media content;
- regulation of OTT (Over-The-Top) streaming platforms;
- restrictions on digital news and journalism.
Need for the Censorship
- Curbing Misinformation and Fake News: Prevents rapid spread of rumours that can trigger mob violence, panic, and public disorder.
- Controlling Hate Speech and Communal Content: Essential to stop content that fuels communal tensions, incites violence, or threatens social harmony.
- Safeguarding Children and Vulnerable Groups: Restricts access to harmful, explicit, violent, or manipulative content that can exploit minors.
- Loopholes in Platform Accountability: Social media platforms delay content moderation, lack transparency, and often evade responsibility due to weak enforcement mechanisms.
- Preventing Cybercrimes: Blocks websites and content related to child pornography, trafficking, drug markets, or illegal financial activities.
- Addressing AI Threats and Deepfakes: Necessary to regulate AI-generated fake videos/photos that can damage reputations, distort democratic processes, and mislead citizens.
Legal Framework Governing Digital Censorship in India
- Right to Freedom of Speech (Article 19(1)(a)): Subject to reasonable restrictions under Article 19(2) concerning decency, morality, and public order.
- Information Technology (IT) Act, 2000: Section 69A grants the government power to block online content for security or public order concerns.
- Intermediary Guidelines & Digital Media Ethics Code, 2021: Regulates social media, OTT platforms, and digital news media.
- Self-Regulation by OTT Platforms: Platforms like Netflix and Amazon Prime follow self-regulatory frameworks such as the Digital Publishers Content Grievances Council (DPCGC).
- The Central Board of Film Certification (“CBFC”), which was established by the Cinematographic Act, of 1952, is responsible for censoring movies in India.
Challenges in Digital Censorship in India
- Balancing Freedom of Speech & Regulation: Over-regulation can suppress creativity, while under-regulation can spread harmful content.
- Transparency & Accountability: Content moderation and censorship decisions often lack clear guidelines, raising concerns about misuse.
- Jurisdictional Issues: Many digital platforms operate from outside India, making enforcement difficult.
- Technological Advancements: The rapid evolution of digital media complicates consistent and fair regulation.
- Ethical Concerns: The subjective nature of obscenity laws can lead to arbitrary censorship.
Way Forward
- Enhancing Transparency in Content Moderation: Digital platforms should publish periodic transparency reports on content takedowns.
- Encouraging Digital Literacy: Educating citizens to identify fake news rather than enforcing restrictive censorship.
- Public Consultation in Policymaking: Involving journalists, legal experts, and civil society in framing digital content regulations.
Source: TH