The Indian government has released a new warning to OTT platforms, advising them against airing obscene and vulgar content. This comes after increasing concerns from lawmakers, statutory authorities, and the public, resulting in renewed scrutiny of digital media.
Streaming services must comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandate content classification, age restrictions, and adherence to the Code of Ethics.
“The Code of Ethics, inter-alia, requires OTT platforms not to transmit any content which is prohibited by law, undertake age-based classification of content, and implement access control mechanisms for ‘A’-rated content to restrict access by children,” the advisory states
This crackdown comes at a time when India’s OTT market is booming, raising questions about whether increased regulations could stifle growth.
The government also highlighted that content violating laws such as the Indecent Representation of Women Act (1986); Bhartiya Nyay Sanhita; (BNS, 2023), POCSO Act; and the IT Act (2000) could invite serious legal consequences
How the Controversy Sparked: The India’s Got Talent Angle
Some industry commentators speculate this advisory could have been triggered by recent outrage against suggestive performances on digital platforms, particularly around shows like India’s Got Latent. This episode caused a public and political outcry, with many inquiring about the absence of stern content moderation.
Opponents contend that these controversies are politically instigated and employed to prove the need for tighter government control of digital media. OTT businesses, which live on creative liberties, might now confront more amplified scrutiny that could redefine content strategy.
Also Read: The case for a comprehensive survey on content regulation
The Role of Self-Regulatory Bodies
The advisory also puts the onus on self-regulatory bodies overseeing OTT platforms to actively enforce compliance.
“The Rules provide that the Self-Regulatory Bodies of OTT platforms shall oversee and ensure alignment and adherence by the OTT platforms to the Code of Ethics,” the Ministry stated.
Under the three-tier grievance redressal mechanism, these bodies act as the second layer of oversight, ensuring that OTT platforms self-regulate before government intervention occurs. However, with this latest advisory, there is growing speculation that self-regulation alone may not be enough to satisfy the authorities.
According to sources, YouTube removed the video after receiving a notice from the Information and Broadcasting Ministry. Priyank Kanoongo, a member of the National Human Rights Commission (NHRC), had also sought the video’s removal from YouTube
NHRC member Kanoonga spoke to ANI and said: “It is against the modesty of women. They are also involved in some activities which are prima facie violative, and they are passing racist comments against some ethnic groups in India. So we have issued a notice to YouTube to take down this type of content and inform police authorities so they can start action”
OTT Market in India: Growth Trends
Here’s a snapshot of India’s OTT market and its projected growth:
India’s OTT Market Size & Growth (2022-2027)
| Year | Market Size (USD Billion) | YoY Growth (%) |
|---|---|---|
| 2022 | 2.35 | 24% |
| 2023 | 3.08 | 31% |
| 2024 | 4.01 (Est.) | 30% |
| 2025 | 5.12 (Est.) | 28% |
| 2026 | 6.48 (Est.) | 26% |
| 2027 | 8.05 (Est.) | 24% |
Source: PwC India Entertainment & Media Outlook, 2023
India’s OTT industry is expected to reach $8.05 billion by 2027 at an average CAGR of 26-30%. The speedy growth is fuelled by cheap data, rising smartphone penetration, and regional content demand. Government intervention, though, can disturb this trend.
Read More: India’s Got Latent: A Caution for India’s Digital Ecosystem
