The digital entertainment space in India has experienced exponential growth over the past decade, particularly with the emergence of Over-the-Top (OTT) platforms as dominant content distributors. As this sector matures and the number of OTT users increases, various issues related to content regulation, accessibility, and ethical standards have been identified by the governing bodies. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, form the cornerstone of digital content governance in India. This includes a commitment to maintaining content integrity and ensuring that all published material aligns with ethical guidelines. These rules also mandate a three-tier redressal mechanism and lay down a detailed Code of Ethics for OTT curated content publishers (OTT platforms) and digital news media.
Additionally, OTT platforms must comply with other applicable laws, such as the Rights of Persons with Disabilities Act, 2016, the Indecent Representation of Women Act, 1986, the Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology Act, 2000. The Ministry of Information & Broadcasting (MIB) issued two significant advisories in February and April 2025, reiterating the need for OTT platforms to uphold Indian laws and ethical standards while publishing content.
OTT platforms are also required to develop and execute stringent age-based content classifications and access control systems, particularly for content rated as ‘A’ (adult). This ensures that adult content is appropriately restricted from underage viewers and promotes responsible viewing practices.
Advisory Dated February 19, 2025: Curbing Obscene and Harmful Content
The first advisory was prompted by complaints from Members of Parliament, statutory bodies, and the public regarding the proliferation of obscene, pornographic, and vulgar content on OTT platforms and social media. The ministry expressed serious concern over violations of content guidelines, particularly regarding age-based classification and indecent representation of women and minors.
The notice issued to OTT platforms provided guidelines to enhance content regulation and accountability. The key points outlined in the notice include:
- Compliance with Applicable Laws and IT Rules: It is imperative for OTT platforms to consistently adhere to all relevant legal requirements alongside the Code of Ethics under the IT Rules, 2021. This includes a structured approach to rating and classifying content, with an emphasis on adhering to the specified age-based classification standards to protect younger audiences.
- Proactive Monitoring by Self-Regulatory Bodies: The notice stresses the necessity for self-regulatory organisations to actively monitor compliance with these regulations. By implementing regular audits and assessments, these bodies can help ensure that OTT platforms meet the prescribed standards for content dissemination.
Advisory Dated April 22, 2025: Promoting Accessibility for Persons with Disabilities
In a progressive move, the second advisory followed a Delhi High Court order in Akshat Baldwa & Anr vs Maddock Films Private Limited and Ors (W.P.(C) 16802/2024), directing platforms to enhance accessibility for the disabled. The Court had observed the need for features such as access to electronic media, including audio description and closed captioning for better inclusivity, citing non-compliance by certain production houses in recent film releases.
The Ministry, therefore, instructed OTT platforms to be fully compliant with the Rights of Persons with Disabilities Act, 2016 and the Code of Ethics prescribed under IT Rules, 2021. OTT platforms must also make reasonable efforts to incorporate essential disability-friendly features such as closed captioning, audio descriptions, and other assistive technologies that enhance the viewing experience for individuals with varying disabilities. Furthermore, the advisory has instructed self-regulatory bodies to actively monitor and ensure ongoing compliance with accessibility standards.
Conclusion
With increasing scrutiny from the government and judiciary, OTT platforms operating in India must evolve to not only entertain but also educate and empower, all while staying within the bounds of law and ethics. These advisories come at a time when the Indian OTT market is projected to have 634.3 million users by 2029. The dual push, against obscenity and for inclusivity, signals the government’s intent to ensure that content dissemination by these OTT platforms is not only entertaining but also responsible and equitable. Leading OTT platforms operating in India are expected to review their compliance mechanisms and invest in accessibility features to align with these directives.
Access the Official Notification: Here
