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Jurist India central government blocks streaming platforms over alleged obscenity

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Dadparvar

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Nov 11, 2016
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The Indian central government banned Thursday 18 Over the Top (OTT) streaming platforms for alleged obscene and vulgar content. Additionally, 19 websites, 10 apps, and 57 social media handles of such OTT platforms were also banned nationwide.

The Indian Ministry of Information and Broadcasting (I&B) stated in a press release that it collaborated with various intermediaries and blocked access to the alleged violative platforms in India. The reason stated is “publishing obscene, vulgar, and, in some instance, pornographic content.” The ministry added:

A significant portion of the content hosted on these platforms was found to be obscene, vulgar, and portrayed women in a demeaning manner. It depicted nudity and sexual acts in various inappropriate contexts, such as relationships between teachers and students, incestuous family relationships, etc. The content included sexual innuendos and, in some instances, prolonged segments of pornographic and sexually explicit scenes devoid of any thematic or societal relevance.
This decision was reportedly taken after the platforms failed to comply, despite multiple warnings by the I&B Minister Anurag Thakur.

As per the press release, three OTT apps achieved significant download milestones on the Google Play Store—one with over ten million downloads and two others with over five million downloads each. These platforms allegedly leveraged social media extensively to promote their content, accumulating a combined follower count of over 3.2 million across various platforms with multiple accounts.

Obscenity laws in India, governed primarily by the Indian Penal Code (IPC) and the Information Technology Act (IT Act), aim to regulate and prohibit the publication, distribution, or creation of materials deemed obscene or sexually explicit. Another legislation, the Indecent Representation of Women (Prohibition) Act (IRWP), is also invoked for action against obscene material.

Under the IT Act, Section 67 pertains to lascivious or morally corrupt content, with penalties of up to three years imprisonment and a fine. Additionally, Section 67A targets material containing sexually explicit acts, carrying penalties of up to five years imprisonment and a fine. However, repeat offenders may face higher penalties.

Similarly, under the IPC, Section 292 imposes penalties of up to two years’ imprisonment and fines, with harsher punishments for repeat offenders and exceptions for materials serving public good or religious purposes. Also, Section 293 addresses selling obscene objects to minors. Section 294 deals with obscene acts in public places, punishable by imprisonment, fines or both.

Likewise, Section 4 of the IRWP Act prohibits the production, sale, distribution or circulation of any material containing indecent representation of women. However, there are exceptions for material deemed to serve the public good, religious purposes or ancient monuments, temples or religious artifacts. Films are also exempt if they comply with the Cinematograph Act.

The post India central government blocks streaming platforms over alleged obscenity appeared first on JURIST - News.

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