Government Proposes New Obscenity Guidelines Under IT Rules 2021 for Digital Platforms

In a major move toward shaping the future of digital content regulation in India, the Union government has proposed fresh guidelines to define “obscenity” and other categories of prohibited content across all online platforms. These amendments—aimed at integrating the broad restrictions of the Cable Television Networks (Regulation) Act, 1995 into the IT Rules 2021 have been submitted to the Supreme Court of India for review. The initiative follows the Court’s suggestion to draft clearer rules that strike a balance between free speech and reasonable restrictions, particularly as concerns over digital content continue to rise.

The proposal lays out explicit definitions for what qualifies as “obscene digital content” and suggests expanded language within the Code of Ethics of the IT Rules 2021. These additions draw heavily from Section 67 of the IT Act, 2000, the Cable Television Networks Act, and relevant sections of the Indian Penal Code. Officials have identified Section 67 as the core legal basis for these expanded obscenity guidelines, which could reshape the standards applied across online platforms.

Calling the move sweeping in scope, Mishi Choudhary, founder of the Software Freedom Law Centre, India (SFLC), described it as a turning point in digital content regulation in India.
“This is exactly the Cable TV Programme Code, copied to the digital medium,” she said, emphasising how the proposal brings television-style restrictions into the online ecosystem.
“This is the most sweeping regulatory shift India has ever proposed for digital content, which had wide restraints previously.”

For OTT regulation in particular, the proposal demands that streaming platforms align content with the Cinematograph Act, 1952—meaning titles must be fit for “public exhibition.” This condition would apply strictly to OTT services and not to social media platforms, further expanding the obligations OTT platforms already face under the IT Rules 2021.

The proposal also introduces a new overarching heading titled “Obscenity” within the Code of Ethics. Under this, online platforms must avoid content that offends “good taste or decency” or portrays “criminality as desirable.” The rules would also restrict “indecent, vulgar, suggestive, repulsive or offensive themes,” along with visuals or words reflecting a “slandering, ironical and snobbish attitude” toward ethnic, linguistic, or regional groups. In total, seventeen detailed restrictions form the core of the updated obscenity guidelines, marking a major shift in content moderation standards.

The Ministry of Information and Broadcasting submitted these proposals to litigants involved in an ongoing case before the Supreme Court of India. The Court had previously encouraged the government to frame such guidelines to address rising concerns over online content. Alongside this, the Ministry of Electronics and Information Technology is separately consulting stakeholders on mandatory deepfake labeling, although these discussions are not part of the current IT Rules 2021 draft.

The proposals also acknowledge the judicial stay in place on Rules 9(1) and 9(3) of the IT Rules 2021, which were originally meant to enforce the Code of Ethics on OTT services and digital news platforms. These rules were stayed by the Bombay High Court and are currently under scrutiny before the Delhi High Court as part of broader challenges to India’s digital regulatory framework. Commenting on the government’s continued reliance on these contested provisions, Ms. Choudhary said:
“The Executive has been irregularly using IT Rules to broaden its powers and establishing a de facto system, which, if the courts heard the petitions, would be found unconstitutional.”
She added that judicial delays “do not mean this structure is acceptable.”

To determine violations, the government has proposed using the “Community Standard Test,” laid down by the Supreme Court of India in Aveek Sarkar v. State of West Bengal. According to this test, content is considered acceptable if a viewer with contemporary community standards does not believe it appeals to lustful or voyeuristic interest. Content with literary, artistic, scientific, or political value would be exempt from the obscenity guidelines, adding a safeguard for certain categories of digital expression.

Even so, Ms. Choudhary remains concerned about the potential overreach. She argues that the proposal “expands the definition to include everything under the sun, from Rule 6 of the Cable Television Networks (Regulation) Act to all that the government disapproves of,” raising alarms about excessive digital content regulation in India.

The broader context of this proposal dates back to controversy involving comedian Samay Raina. His YouTube channel came under fire after a joke made by influencer Ranveer Allahabadia—featuring an incest-themed hypothetical scenario—went viral. The government’s note cites the Supreme Court of India order dated March 3, 2025, in which the Court encouraged the Solicitor General to draft regulations that respect free speech while ensuring the reasonable limits outlined in Article 19(2) of the Constitution.

A senior official clarified that the proposal will not be implemented immediately. It will move forward only after the Supreme Court of India provides comments and after a full public consultation process, keeping the evolution of the IT Rules 2021 open to stakeholder input.