A Black Cat In A Dark Room

Context: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, establish a soft-touch, progressive institutional mechanism with a level playing field.

Arguments in favour of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

• Self-classification of OTT contents: into 5 categories - U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult), making it more transparent compared to pre-certification or censorship.
  • Parents can create parental locks for content classified as U/A 13+ or higher and reliable age-verification mechanisms for content classified as “A”. 
  • A globally accepted norm: E.g. self-classification is already allowed in Singapore, United Kingdom, and Australia.
  • Minimum government intervention: assured through -
    • Composition of the self-regulatory body: Members not exceeding 6; Headed by a retired judge or eminent person (from the field of media, broadcasting, entertainment, child rights, human rights)
    • No government interference in tier 1 or tier 2 (OTT platforms) of the self-regulation mechanism.
• Ensured consultations: Rules were framed after enough consultation; Information & Broadcasting minister had himself met representatives of OTT platforms.
• Create a level playing field: between the offline and digital media by bringing Code of Ethics:
  • The digital news media have to observe established journalistic codes under the Norms of Journalistic Conduct of the Press Council of India and
  • They have to ensure that prohibited content, such as child pornography, is not transmitted, under the programme code under the Cable Television Networks Regulation) Act.
• Enhances transparency in digital news portals: By mandating them to furnish basic information and to create the grievance redressal mechanism.
• Power to the government in emergency situations: E.g. If a wrong map of India is being depicted, the government under Rule 16 under Part III of the rules can order to remove the map without waiting for a grievance.