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Wednesday, December 31, 2025

MEITY Advisory to Social Media Platforms on Obscene & Pornographic Content — UPSC Analysis

 

MEITY Advisory to Social Media Platforms on Obscene & Pornographic Content — UPSC Analysis

๐Ÿ“ฐ Context

The Ministry of Electronics and Information Technology (MeitY) has issued an advisory directing social media intermediaries to:

  • Proactively detect and remove obscene, pornographic, vulgar, sexually explicit, and paedophilic content

  • Use automated technology tools for content moderation

  • Ensure compliance with the Information Technology (IT) Rules, 2021

Large platforms (with over 50 lakh users) have been asked to deploy technology-based measures to identify and take down such objectionable content.

The advisory follows Supreme Court observations urging the government to curb rising online obscenity and harmful content.


๐Ÿงพ Legal Basis

The advisory draws authority from:

✔️ IT Act, 2000

✔️ IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021

Platforms must ensure users do not:

  • Host / upload / publish / transmit

  • Store / share / display

content that is:

  • obscene or pornographic

  • sexually explicit or vulgar

  • harmful to children

  • paedophilic

  • unlawful under any prevailing law

Non-compliance may lead to legal penalties and loss of safe-harbour protection.


๐Ÿง  Why the Advisory Now?

  • Increasing circulation of explicit & harmful content online

  • Gaps in proactive moderation by large platforms

  • Supreme Court push for stronger enforcement

  • Rise in OTT-style erotica platforms (many blocked earlier)

  • Child safety & digital ethics concerns


๐Ÿงฉ Key Features of the Advisory

๐Ÿ“Œ 1. Proactive Moderation Mandated

Platforms must detect and remove objectionable content without waiting for user complaints.

๐Ÿ“Œ 2. Automated Detection Required

Especially for large platforms (50 lakh+ users).

๐Ÿ“Œ 3. Stronger Accountability

Failure to comply = possible regulatory action.

๐Ÿ“Œ 4. Protection of Children & Public Morality

Aligned with:

  • Child protection norms

  • Women & child safety policies

  • Digital ethics framework


๐Ÿ›️ Governance & Policy Significance (For UPSC Mains)

GS-2 — Governance, Regulation & Accountability

Themes involved:

  • Regulation of digital intermediaries

  • Balancing free speech vs public morality

  • Platform accountability & algorithmic governance

  • Role of Supreme Court in policy nudges


⚖️ Ethical & Constitutional Dimensions

✔️ Arguments in Favour

  • Protects minors & vulnerable users

  • Prevents objectification & exploitation

  • Supports digital well-being

  • Strengthens cyber safety ecosystem

⚠️ Concerns & Challenges

  • Over-blocking & censorship risks

  • Subjectivity in defining “obscenity”

  • Algorithmic bias in automated moderation

  • Impacts artistic & creative expression

  • Potential chilling effect on speech

Balancing individual liberty and societal morality remains a policy challenge.


๐Ÿ“Œ Relevance for UPSC Prelims

Important areas:

  • IT Act, 2000

  • Safe-harbour principle

  • IT Rules, 2021

  • Role of intermediaries

  • Supreme Court directions on obscenity


๐Ÿ“ Mains Answer Writing Pointers

You may structure answers around:

1️⃣ Need for regulation of digital platforms
2️⃣ Child safety & ethical digital ecosystem
3️⃣ Balancing Article 19(1)(a) with reasonable restrictions
4️⃣ Role of judiciary & executive in cyber governance
5️⃣ Way forward: transparency, grievance redressal, accountability


๐Ÿš€ Way Forward — Policy Suggestions

  • Clearer definition of objectionable content

  • Independent oversight & review mechanisms

  • Transparency in automated moderation

  • Stronger grievance redressal framework

  • Digital literacy & awareness programs

  • Collaboration with civil society & experts


๐Ÿง  Practice Questions

Mains (10 marks)

“Regulating online obscenity requires a balance between safeguarding social morality and protecting freedom of expression.” Discuss in the context of IT Rules, 2021.

Prelims-Type Statement Question

Consider the following statements:

  1. Under the IT Rules, 2021, intermediaries must make reasonable efforts to prevent users from sharing obscene and sexually explicit content.

  2. Loss of safe-harbour protection may occur if a platform fails to comply with regulatory advisories.

Which of the statements is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

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