Draft IT (Digital Code) Rules, 2026 – Regulating Online Content

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• The Union government has proposed the Draft IT (Digital Code) Rules, 2026, to regulate obscenity and introduce mandatory age-based classification for all digital content. 

Background: Regulation of Online Content in India

• India’s digital ecosystem has expanded rapidly with the growth of OTT platforms, social media, and user-generated content. 
• While this has strengthened freedom of expression, it has also raised concerns related to obscenity, hate speech, misinformation, and harmful content, particularly for children.
• Online content regulation in India is primarily governed by the Information Technology Act, 2000, and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. 
• However, repeated controversies involving social media influencers and OTT content have highlighted regulatory gaps, prompting judicial scrutiny and policy reconsideration.
• In this context, the proposed Draft IT (Digital Code) Rules, 2026 aim to introduce a more detailed content classification and compliance framework for digital platforms.

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Legal Basis of the Draft IT (Digital Code) Rules, 2026

• The draft rules have been proposed under Section 87(1) of the IT Act, 2000, read with Sections 67, 67A, and 67B, which deal with the publication and transmission of obscene, sexually explicit, and child sexual abuse material in electronic form.
• The proposal follows a Supreme Court direction asking the government to strike a balance between:
  • Freedom of speech under Article 19(1)(a), and
  • Reasonable restrictions under Article 19(2), especially in matters of morality, public order, and decency.

Key Features of the Draft IT (Digital Code) Rules, 2026

• Definition of Obscene Content
  • The draft borrows heavily from the Programme Code under the Cable Television Networks Rules, 1994, defining obscene content as material that is lascivious, appeals to prurient interests, or tends to deprave and corrupt viewers.
• List of Prohibited Content
  • Attack religions, communities, caste, or nationality
  • Promote communal attitudes or violence
  • Contain defamatory or deliberately misleading material
  • Denigrate women, children, or persons with disabilities
  • Present criminality, obscenity, or violence as desirable
  • Use explicit language or scenes when targeted at children
• These provisions significantly widen the scope of content scrutiny.

Mandatory Age-Based Classification System

• A major structural change proposed is compulsory age classification of all digital content, similar to film certification. The age categories include:
  • U – Suitable for all ages
  • 7+, 13+, 16+
  • Adult-only content
  • Specialised categories for professional audiences (e.g., doctors, scientists)
• Each content item must display Age rating & Content descriptors (violence, sex, nudity, drugs, language, horror)

Parental Controls and Age Verification

• The draft mandates:
  • Parental control mechanisms for content rated 13+ and above
  • Reliable age verification systems for adult-only content
• This places additional compliance obligations on platforms, particularly OTT services and social media intermediaries.

Applicability and Enforcement Framework

• All provisions of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 will continue to apply alongside the new draft code.
• The rules are expected to introduce civil consequences for violations, increasing regulatory accountability for Online Curated Content Providers (OCCPs).

Concerns Raised by Industry and Stakeholders

• The rules blur the distinction between linear television broadcasting and on-demand digital content.
• OTT platforms operate on a “pull” model, where users choose content actively, unlike TV’s “push” model.
• Applying broadcast-era obscenity standards to age-gated, password-protected platforms may reduce creative freedom.
• Broad and subjective terms could encourage arbitrary complaints and regulatory uncertainty.
• These concerns highlight the tension between regulation and innovation in India’s digital economy.

Significance for Governance and Society

• The draft rules reflect the government’s attempt to:
  • Protect children and vulnerable audiences
  • Standardise content classification across platforms
  • Address judicial concerns regarding unregulated online obscenity

Source: IE