In a significant move signaling tightening regulatory oversight over digital streaming services, the Indian government has banned an OTT platform for allegedly streaming obscene/adult content, in violation of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The platform has also come under scrutiny for not securing certification from the Central Board of Film Certification (CBFC).
In a sweeping crackdown on digital obscenity and non-compliance with regulatory norms, the Indian government has banned over two dozen OTT platforms including Ullu, ALTT (ALTBalaji), HotX VIP, Desiflix, Uncut Adda, Big Shots, Besharams, Boomex, Xtramood, MoodX, Chikooflix, NeonX VIP, Fugi, Mojflix, Nuefliks, Triflicks, Prime Play, Hunters, Rabbit Movies, Voovi, X Prime, Yessma, Dreams Films, and Hot Shots VIP.
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The IT Rules, 2021, introduced a framework for digital content governance in India, requiring OTT platforms to comply with a code of ethics, classify content into age-appropriate categories, restrict access to age-inappropriate material, and implement age-verification mechanisms for adult content.
“Further for online publishers of curated content, the IT Rules, 2021 prescribes the code of ethics publishers of online curated content, commonly known as OTT Platforms. This code requires the OTT Platforms to classify content in specified age-appropriate categories, restrict access of age-inappropriate content by children, and implement an age verification mechanism for content classified as ‘Adult’,” the Rules state.
Legal experts say the move is grounded in constitutional and moral frameworks governing media content in India. Gaurav Sahay, Founding Partner, Arthashastra Legal, said, “Any depiction that degrades or objectifies women, through media is a basis to ban platforms, especially for obscene portrayal of women. The law criminalizes distribution or performance of obscene content/ acts in public places, and, by extension, digital media does not escape public morality standards.”
He added, “Freedom of Speech and Expression is not an absolute Right and is subject to reasonable restrictions. OTT platforms are mandated to exercise diligence, remove unlawful content, follow a code of ethics, implement grievance redressal mechanisms, and enforce age-based content classification. Authorities can issue blocking directions under the law to protect public order, morality, or prevent cognizable offenses. Platforms risk blocking if content is deemed to violate these laws. In effect, laws are reshaping OTT freedom with stricter oversight, elevated compliance costs, and a narrowing of permissible creative boundaries in India’s digital streaming space.”
