Centre Proposes Amendments to IT Rules to Regulate Obscene Digital Content: Legal Framework, Constitutional Context, and Judicial Oversight

The Ministry of Information and Broadcasting (MIB) has submitted a detailed proposal to amend the Information Technology (IT) Rules, 2021, with the objective of regulating what it terms “obscene digital content.” The proposal, presented before the Supreme Court, seeks to redefine regulatory boundaries for digital platforms, social media users, and online news publishers. It also aims to introduce a restructured Digital Media Code of Ethics.

This article examines the proposal in detail, explores the statutory and constitutional framework governing online regulation, and analyses key judicial precedents relevant to obscenity and free speech in India.

Government’s Proposal to Amend IT Rules, 2021

The Centre’s draft suggests a significant expansion of the regulatory architecture under the IT Act, 2000. It proposes:

  1. A revised Code of Ethics categorizing and defining “obscene digital content.”

  2. A separate ethics framework for digital content, OTT platforms, user-generated content, and online news publishers.

  3. Compliance mechanisms covering not just streaming platforms, but also social media influencers and ordinary users.

These changes are being examined by the Supreme Court in matters such as Ranveer Gautam Allahabadia vs Union of India and CURE SMA Foundation of India vs Union of India, where concerns were raised about the spread of obscene or harmful content online.

Proposed Definition of “Obscene Digital Content”

According to the draft placed before the Supreme Court, “obscene digital content” is defined as:

Any digital content that is lascivious, appeals to prurient interests, or has a degrading or corrupting effect on viewers, judged as a whole and in context of relevant circumstances.

The revised Code of Ethics classifies prohibited content under “Obscenity,” which includes:

  • Content offensive to good taste or decency

  • Obscene, defamatory, or deliberately false innuendos

  • Vulgar, indecent, or suggestive material

  • Representation that derogates or denigrates women

  • Material that portrays women’s forms in a degrading or objectifying manner

This approach echoes long-established legal concepts of obscenity but attempts to harmonize them with contemporary digital realities.

Application of Judicial Precedents: Aveek Sarkar Test

The Ministry has relied on the community standards test laid down in:

Aveek Sarkar v. State of West Bengal (2014), Supreme Court

This landmark judgment rejected the outdated Hicklin test and established a modern test for obscenity based on:

  • Contemporary community standards

  • Overall message of the work

  • Whether the content is meant to excite lust or is merely part of artistic, journalistic, or scientific expression

The draft rules apply this test to determine whether a digital work “appeals to lustful or voyeuristic interests” or is otherwise permissible.

Proposals on AI-Generated Content and Deepfakes

The MIB has also proposed incorporating draft rules issued by the IT Ministry on synthetic and AI-generated content. Key proposals include:

  • Mandatory labelling of AI-generated media

  • Special measures to detect deepfakes

  • Obligations on social media intermediaries to identify manipulated content

This reflects an evolving regulatory approach to emerging technologies.

Rating System for Online Curated Content

For OTT platforms and curated online content, the proposal suggests:

  • A tiered rating system: U, U/A 7+, U/A 13+, U/A 16+, A

  • Mandatory display of ratings and content descriptors

  • Parental locks for content rated U/A 13+ or above

  • Age verification for A-rated content

  • Technical access-control measures to prevent minors from accessing adult content

These measures aim to align Indian regulation with global OTT compliance models.

Statutory Basis for the Proposed Amendments

The government has grounded the proposals in the following statutory provisions:

1. The Information Technology Act, 2000

Relevant sections include:

  • Section 67: Punishes publishing or transmitting obscene material in electronic form.

  • Section 67A: Addresses sexually explicit content.

  • Section 67B: Prohibits child sexual abuse material (CSAM).

  • Section 69A: Empowers the government to block online content in the interest of public order, morality, and similar grounds.

  • Section 87: Empowers the Central Government to frame rules for carrying out the provisions of the IT Act.

The proposed amendments rely primarily on Sections 67 and 87.

Constitutional Provisions Implicated

Regulation of obscene digital content intersects with fundamental rights under the Constitution:

Article 19(1)(a)

Guarantees freedom of speech and expression.

Article 19(2)

Permits reasonable restrictions on grounds including decency, morality, public order, and defamation.

Article 21

Covers privacy, dignity, and protection from harmful content—especially relevant to women’s rights online.

Article 14

Ensures non-arbitrary regulatory frameworks.

The Supreme Court has urged the Centre to draft a framework that balances free speech with societal harm prevention, ensuring no violation of Article 19(1)(a) while addressing the concerns raised in public interest litigations.

Judicial Developments: High Court Stay Orders and Pending Litigation

The IT Rules, 2021 have faced substantial litigation:

Bombay High Court (2021)

  • Stayed Rule 9(1) and Rule 9(3) dealing with the Code of Ethics and the three-tier grievance redressal mechanism.

  • Held that Rule 9 imposes a form of censorship ultra vires Section 69A of the IT Act.

  • Clarified that the IT Act does not permit censorship beyond the scope of Section 69A.

Fifteen writ petitions

Filed across various High Courts challenging the constitutionality of the IT Rules, 2021.

All petitions were later transferred to the Delhi High Court, where the stay on Rules 9(1) and 9(3) continues.

Despite the stay, digital news publishers and OTT platforms have voluntarily internalised the framework because:

  • Self-regulatory bodies are already operational

  • Sector-wise norms are widely adopted

  • Grievance redressal mechanisms function smoothly

  • Predictable compliance reduces legal and reputational risks

Tech-policy experts note that even without legal enforcement, the system has become structurally embedded in digital publishing practice.

Supreme Court’s Role and the Way Forward

In March 2025, the Supreme Court emphasised the need for a framework that:

  • Does not violate free speech

  • Effectively regulates obscene and harmful content

On August 25, 2025, the Attorney General informed the Court that detailed guidelines would be drafted. The Centre now aims to place a comprehensive regulatory framework before the Court at the next hearing.

This framework may redefine India’s digital content governance and set national standards balancing freedom of expression with societal protections.

Conclusion

The Centre’s proposed amendments to the IT Rules, 2021 represent a major regulatory shift for India’s digital ecosystem. By expanding the Code of Ethics, redefining obscenity, introducing AI-content safeguards, and strengthening OTT rating mechanisms, the government intends to create a unified compliance structure across platforms.

However, constitutional concerns, ongoing judicial scrutiny, and pending High Court stays mean that the final contours of this framework will depend heavily on the Supreme Court’s examination. The coming months will determine whether India adopts a stricter regulatory model or opts for a balanced approach that modernizes digital governance while preserving fundamental freedoms.


Location: Pune, Maharashtra, India

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