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India Tightens OTT Rules: Warns Platforms Over Drugs, Smoking And Harmful Content

Government reiterates strict OTT content classification rules as platforms face scrutiny over drugs, tobacco, smoking and imitable behaviour.

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The government of India has reiterated that OTT platforms in India are required to follow strict content classification and ethical guidelines, particularly for content involving narcotic drugs, psychotropic substances, liquor, smoking, tobacco and imitable behaviour.

The clarification was provided by Minister of State for Information and Broadcasting and Parliamentary Affairs, Dr. L. Murugan, in a written reply to a question raised by Shri Haris Beeran in the Rajya Sabha.

The government said the regulatory framework for digital news publishers and OTT platforms is governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, notified on February 25, 2021, under the Information Technology Act, 2000.

IT Rules establish framework for OTT platforms

The Information Technology Rules, 2021 were introduced to establish an institutional mechanism for publishers of news and current affairs content on digital platforms as well as publishers of online curated content, commonly known as OTT platforms.

Part III of the Rules contains the Code of Ethics applicable to digital news publishers and OTT platforms. The government has emphasised that OTT services must ensure that the content they transmit complies with applicable laws.

Under the framework, OTT platforms are required to exercise due caution and discretion while publishing or streaming content. They must also classify their programmes according to prescribed parameters so that viewers can make informed choices about the content they watch.

The classification framework takes into account several elements, including themes and messages, violence, nudity, sex, language, drug and substance abuse, and horror.

Drug and substance content comes under scrutiny

The government has specifically highlighted provisions concerning the portrayal of psychotropic substances, liquor, smoking, tobacco and imitable behaviour.

These provisions form part of Part II of the Schedule to the IT Rules, 2021, which lays down guidelines for the classification of content.

The rules seek to ensure that audiences, particularly younger viewers, receive appropriate information about the nature of content before accessing it. Content involving substance use and other potentially influential behaviour is therefore required to be assessed under the prescribed classification framework.

The inclusion of “imitable behaviour” is particularly significant because certain scenes or actions portrayed on screen may influence viewers to replicate them in real life. The classification mechanism is intended to provide greater transparency regarding such content.

Government issues advisory to OTT platforms

As part of its efforts to strengthen compliance, the government issued an advisory on November 26, 2024, specifically addressed to publishers of online curated content.

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The advisory concerned the streaming of content related to narcotic drugs and psychotropic substances.

The move underlines the government’s focus on responsible presentation of substance-related material on OTT platforms and the need for publishers to follow the applicable provisions of the Code of Ethics and content classification guidelines.

The advisory also reinforces the broader regulatory approach under which OTT platforms are expected to exercise responsibility while presenting potentially sensitive or influential material.

Three-tier grievance mechanism handles complaints

The government said complaints concerning violations of the Code of Ethics are dealt with through a three-tier grievance redressal mechanism established under the IT Rules, 2021.

This mechanism provides a structured process for addressing concerns raised against digital news publishers and OTT platforms.

Complaints received by the Ministry of Information and Broadcasting relating to OTT content are forwarded to the concerned platforms for resolution in accordance with the provisions of the IT Rules.

The mechanism is designed to ensure that grievances can be addressed through the prescribed regulatory framework rather than remaining unresolved.

OTT regulation continues to evolve

The government’s latest clarification highlights the regulatory responsibilities of OTT platforms as India’s digital entertainment sector continues to expand.

Unlike traditional broadcasting, OTT services offer viewers access to a wide range of content across different genres and age groups. The classification system therefore plays an important role in helping audiences understand the nature and maturity level of programmes.

The government has maintained that OTT platforms must comply with the Code of Ethics while ensuring appropriate classification of content. The provisions covering substance abuse, smoking, tobacco, liquor and imitable behaviour are part of this wider framework.

The November 2024 advisory on narcotic drugs and psychotropic substances further demonstrates the government’s emphasis on responsible digital content practices.

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With complaints being addressed through the three-tier mechanism and matters being forwarded to concerned platforms where applicable, the government has reaffirmed that OTT publishers have a responsibility to follow the regulatory framework governing digital content in India.

The government’s response in the Rajya Sabha therefore puts the spotlight once again on OTT content regulation, drug-related portrayals and viewer protection, particularly as digital streaming platforms continue to become a major source of entertainment and information for Indian audiences.

 

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