Subject: Indian Society/Governance

 

Topic: MeitY Advisory on Obscene Content and Intermediary Liability

 

Context:

• Advisory Issued: The Ministry of Electronics and Information Technology (MeitY) issued a stern advisory (dated December 29, 2025) to social media intermediaries, directing them to proactively remove "obscene" and "pornographic" content.

• Trigger: The move follows a Supreme Court observation urging the Centre to take action against online obscenity and the government's prior blocking of 25 OTT platforms for similar content.

 

Details

1. Key Directives to Platforms

• Proactive Detection:

  • Large Platforms (SSMIs): Intermediaries with over 50 lakh users (Significant Social Media Intermediaries) must use automated technology/AI to detect and remove such content rather than waiting for complaints.

  • Scope of Content: Includes obscene, pornographic, paedophilic, vulgar, sexually explicit, or otherwise unlawful material.

• Time-Bound Removal (Rule 3(2)(b)):

  • Platforms must remove or disable access to content within 24 hours of receiving a complaint if it prima facie depicts:

    • An individual in any sexual act or conduct.

    • Impersonation (e.g., deepfakes) of an individual in a sexual context.

2. Legal Framework & Consequences

• Section 79 (Safe Harbour):

  • Principle: Intermediaries are generally not liable for third-party content hosted on their platforms.

  • Conditionality: This immunity is conditional on "due diligence." Failure to comply with the advisory and IT Rules results in the loss of Safe Harbour protection, making platforms legally liable for the user's speech.

• Penal Action: Non-compliance can lead to prosecution under:

  • IT Act, 2000.

  • Bharatiya Nyaya Sanhita (BNS) (replacing the IPC).

3. Institutional Mechanism

• Grievance Officers: Platforms must appoint India-based grievance redressal officers to receive complaints and ensure compliance with government orders.

 

"Community Standards Test" (Aveek Sarkar Case) While the advisory pushes for stricter takedowns, the legal definition of "obscenity" in India is often interpreted through the Supreme Court's Aveek Sarkar v. State of West Bengal (2014) judgment. The Court replaced the archaic "Hicklin Test" (which judged obscenity based on isolated passages) with the "Community Standards Test". This test evaluates the work as a whole and considers whether it appeals to the "prurient interest" (lustful interest) of an average person in contemporary society. The new advisory's push for "automated detection" may face challenges in applying this nuanced judicial standard.

 

Mains Practice Question

Q. "The 'Safe Harbour' protection under Section 79 of the IT Act is not absolute but conditional." Discuss this statement in light of recent government advisories on obscene content. How does the requirement for automated censorship balance with the right to free speech? (250 words)

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Preliminary Examination (MCQ)

Q. With reference to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, consider the following statements:

1. Significant Social Media Intermediaries (SSMIs) are defined as those having more than 50 lakh registered users in India.

2. Rule 3(2)(b) mandates the removal of content depicting an individual in a sexual act within 72 hours of receiving a complaint.

3. Failure to observe due diligence obligations results in the automatic loss of exemption from liability under Section 79 of the IT Act.

4. The rules mandate the appointment of a Grievance Redressal Officer who must be a resident in India.

 

Which of the statements given above are correct? 

(A) 1 and 2 only 

(B) 2 and 3 only 

(C) 1, 3 and 4 only 

(D) 1, 2, 3 and 4

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Answer: (C) Explanation:

• Statement 1 is correct: SSMIs are defined as platforms with more than 50 lakh users.

• Statement 2 is incorrect: The time limit for removing content depicting sexual acts or impersonation is 24 hours, not 72 hours.

• Statement 3 is correct: Failure to observe due diligence results in the loss of "Safe Harbour" (exemption from liability) under Section 79.

Statement 4 is correct: Platforms must have grievance redressal officers based in India.