The Indian government is preparing to introduce a comprehensive set of guidelines to define and regulate “obscenity” in online content, proposing a clearer, uniform framework that will apply across all major digital platforms. This includes social media networks like Facebook, Instagram, and X; OTT streaming services such as Netflix, Amazon Prime Video, and JioCinema; as well as digital news and online publishers. The proposal was recently shared in a note with litigants involved in a Supreme Court case, signalling the government’s intention to refine and strengthen the legal mechanism governing online content in India.

The issue of “obscenity” has long posed legal and regulatory challenges due to its subjective interpretation and lack of precise definition. Currently, digital platforms rely on the Information Technology Act, 2000, and the IT Rules, 2021, for content moderation. However, the absence of a clear, uniform definition has led to inconsistent enforcement, public complaints, and prolonged litigation. The new guidelines aim to bridge these gaps by offering a more structured and standardised approach.

The government’s proposal is expected to outline what constitutes obscene, sexually explicit, vulgar, or harmful content, drawing from existing legal precedents while adapting to contemporary digital ecosystems. With the rapid growth of video streaming platforms and user-generated content, regulators believe there is a pressing need to modernise definitions that were originally drafted in a pre-digital era. Officials argue that clearer rules will help platform operators take timely action, provide better protection for users—especially minors—and reduce legal ambiguities.

These guidelines may also classify obscenity into categories such as nudity, sexually explicit acts, suggestive content, and content intended to arouse sexual interest. Furthermore, they are expected to address contextual factors—such as artistic expression, educational use, medical relevance, or journalistic merit—to ensure that important content is not unfairly censored. OTT platforms, in particular, will likely see stronger obligations regarding age ratings, display warnings, and content filtration systems.

The Supreme Court’s involvement underscores the seriousness of the matter. With multiple petitions alleging excessive sexual content on streaming platforms and insufficient moderation on social media, the Court had earlier asked the government to clarify its position. The government’s note is therefore seen as the first step toward more detailed regulatory amendments that could be incorporated into the IT Rules or even a new statute.

Digital rights advocates, however, warn that vague or overly broad definitions could lead to censorship or misuse. They argue that content regulation must balance public morality with artistic freedom, privacy rights, and freedom of speech. The government has indicated that it will hold consultations with stakeholders, including civil society groups, before finalising the guidelines.

Once implemented, the new framework is likely to significantly shape India’s digital content landscape. It may introduce stricter accountability for platforms, clearer responsibilities for publishers, and more predictable mechanisms for the public to raise concerns. The proposal marks an important step in India’s evolving digital governance, seeking to strike a balance between regulation, safety, and creative freedom in the online world.