Digital Media Content Regulatory Council Takes a stand : Issues  Advisory on Tackling Obscene Content

New Delhi: The Digital Media Content Regulatory Council (DMCRC), a second-level self-regulatory body established by the Indian Broadcasting and Digital Foundation (IBDF), has emphasized the importance of responsible content creation on over-the-top (OTT) platforms. For over two years, the DMCRC has advocated for self-regulation in India’s OTT services.

The Ministry of Information and Broadcasting recently expressed concerns about certain platforms projecting excessive vulgarity, obscenity, and profanity in their content. As a response, the DMCRC has called for continued adherence to the self-regulatory framework, emphasizing the need to consider India’s diverse society and culture when producing content.

While OTT platforms have creative freedom, the DMCRC believes it should come with a sense of responsibility and due diligence. The council has advised member Online Curated Content Providers (OCCPs) to exercise restraint in content creation and conduct regular meetings with content creators and production houses to sensitize them to the cultural sensitivities.

The DMCRC also encourages OCCPs to ensure their content complies with the self-regulation framework and the Code of Ethics. They should provide accessible systems for lodging content-related grievances and empower consumers with content choice controls. Additionally, the DMCRC calls for increased awareness of available content controls.

In 2021, the Indian government introduced a three-tier regulatory mechanism for digital news media and OTT video streaming platforms. This mechanism, known as a “soft-touch regulatory architecture,” emphasizes self-regulation in the first two tiers by the platforms and content publishers’ self-regulatory bodies. The third tier involves oversight by the central government through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

Over time, the Indian government has taken action against certain web series on platforms such as Amazon Prime Video, like “Mirzapur” and “Tandav,” due to offensive content. Similarly, locally produced shows on platforms like ALTBalaji and Ullu have also faced scrutiny for their content’s perceived obscenity. The DMCRC’s recent emphasis on responsible content creation aims to address these concerns and maintain self-regulation within the industry.

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