Future Rules Will Regulate Use Of Vulgar Language On Social Media Platforms, Centre Tells Delhi HC

Relevance: GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation. GS1 - Effects of globalization on Indian society.

(Source: The Hindu, 08/22/2023)

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Why in the news?

• Recently, the Union Ministry of Information Technology assured the High Court of Delhi that it would introduce policies and regulations to restrict the use of profanities and vulgar language on social media platforms.
• The Court had stated that India and other countries faced the challenge of enacting appropriate laws, and guidelines for the regulation of content on social media and OTT platforms.

What has the Union Government told the Delhi HC?

• The compliance report filed by the government before the High Court of Delhi stated that it would consider the observations of the court regarding the protection of social media and OTT platform consumers from vulgar language during its regular policy-making exercises for the techno-legal ecosystem.
• The High Court had suggested that rules and guidelines to regulate the content on social media and OTT platforms was an urgent necessity.
• The Court was hearing a case related to the use of obscene language in a web series “College Romance”.
  • The Court upheld the order of the Additional Chief Metropolitan Magistrate and directed the Delhi police to register an FIR against the producer, director, and actor.
  • The court stated that the unrestricted, unfettered freedom of profane, indecent, and obscene speech and expression could not be permitted in web series.

Use of profanity

• The Court warned of the negative impacts of the use of vulgar language in public domains and social media on young children.
• Although profanity was a major social issue that required action on the part of public society, it necessitated government action and regulation when it was published on social media or online platforms.
  • The immense reach of online platforms to people of all ages makes addressing the matter urgent for the country’s legislative, executive, and judicial apparatuses.
• The court had also recommended the Ministry be mindful of emerging situations and adopt necessary steps for the strict enforcement of relevant rules.

What are the laws related to vulgarity in India?

• Section 292 of the IPC which is related to the sale, etc of obscene books, etc.
• Section 294 which is related to obscene acts and songs.
• Section 504 of IPC which seeks to prevent the intentional use of abusive language amounts to insult, giving rise to provocations causing the person against whom such words are used to commit a breach of peace.
• Section 67A of the IT Act which mentions the punishment for publishing or transmitting material containing sexually explicit acts, etc, in electronic form.
• Section 69(A) of the IT Act gives the government takedown powers to block public access to an intermediary “in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offense relating to above”.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules 2021 which sought to regulate intermediaries and digital news media.
  • It stipulates that a classification or warning must be provided regarding the profanity of language or excessive use of expletives.
• The Cinematograph Act, of 1952 deals with the censorship of movies in India with respect to certain rules and regulations established by law in order to make the content suitable for the target audience.

Censorship

• Censorship refers to the suppression of speech, public communication, or other information on the basis that it is objectionable, harmful, sensitive, or inconvenient.
• Censorship of social media and OTT content has been advocated due to their effect on public attitudes and behavior.
• There has been an increase in the level of offensive and abusive content that is being spread online.
• The increase in internet connectivity and access to smart devices, especially among children and the youth in the aftermath of the pandemic, has heightened the crisis.
  • This has led to an increase in digital crimes such as radicalization, terrorism, digital hacking, pornography, etc.

Challenges associated with censorship

• Against the freedom of speech:
  • The right to receive and transmit information has been recognized as an implicit part of the right to freedom of speech.
  • Critics argue that the present restrictions curb the freedom to artistically express their perspectives.
  • However, this right has been restricted on the basis of criteria such as national security, defamation, friendly relations with foreign states, morality, unity, integrity, and sovereignty of India
• Ambiguity in implementation:
  • There are provisions for the emergency blocking of content under the IT Rules and the IT Act, 2000.
  • However, the term “emergency” has not been legislatively defined which leads to the ambiguous, and excessive control of this power by the government.
• Selective targeting:
  • It can be argued that the arguments against abusive language and other content are either vague or irrelevant as they depict day-to-day life.

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FAQs

MCQs

Question: Consider the following statements:

1. The Freedom of speech and expression is an unrestricted right.
2. Section 69 of the IT Act allows the government to take down objectionable content.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) None of the above