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: A revised Code of Ethics categorizing and defining “obscene digital content.” A separate ethics framework for digital content, OTT platforms, user-generated content, a...