The Union Government has proposed stricter regulation of online content through the Draft IT (Digital Code) Rules, 2026. The move targets obscenity and content standards on OTT platforms and social media. With digital platforms leading news and entertainment consumption, the government aims to address regulatory gaps. The draft focuses on age classification, clearer content rules, and stronger platform accountability while maintaining a balance between free speech and public morality.
Legal Basis and Supreme Court Observations
The draft rules derive authority from Section 87(1) of the Information Technology Act, 2000. They also address the circulation of obscene and sexually explicit material. The proposal follows observations by the Supreme Court, which highlighted the need to balance freedom of expression under Article 19(1)(a) with reasonable restrictions under Article 19(2). Although the 2021 IT Rules remain in force, the new draft introduces sharper compliance standards for the evolving digital space.
Mandatory Age Classification for Digital Content
A key provision in the 2026 draft is mandatory age-based content classification. Platforms must display ratings such as U, 7+, 13+, 16+, and Adult-only, along with content descriptors. The rules also introduce restricted categories for professional audiences, including doctors and scientists. This step aims to prevent misuse and ensure that sensitive material reaches only its intended viewers.
Clear Definition of Obscene and Harmful Content
The draft defines obscene material using benchmarks from the Cable Television Networks Rules, 1994. Content that appeals to prurient interests or promotes moral degradation will face limits. The rules also prohibit material that demeans women or children, encourages violence or crime, or targets religious and communal groups. These provisions seek to bring consistency to content moderation standards.
Stronger Child Safety and Platform Responsibility
To improve child safety, platforms must provide parental control features for content rated 13+ and above. Adult-only content will require strong age verification mechanisms. The responsibility for compliance rests with Online Curated Content Providers. Through these measures, the government shifts greater regulatory accountability to digital platforms.
Industry Concerns Over Creative Freedom
Industry stakeholders have expressed concern over the draft rules. Experts argue that the framework does not distinguish between on-demand digital platforms and traditional television. Digital content requires active user selection and login credentials, which critics say already offer safeguards. They warn that applying broadcast-style norms could restrict creativity and increase subjective complaints.
Impact on India’s Digital Ecosystem
The Draft IT (Digital Code) Rules, 2026, signal a major shift in India’s digital governance. By introducing structured classification norms and civil penalties, the government aims to create a safer online environment. The challenge lies in protecting vulnerable users without limiting innovation. The outcome will depend on how the rules evolve during public consultations.
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