The Ministry of Information and Broadcasting (MIB) has issued an advisory to OTT platforms, alleging that their content promotes, glamorizes, or glorifies the use of narcotic drugs and psychotropic substances through portrayals by main protagonists and other actors. This advisory comes as a Parliamentary Committee prepares to meet with several stakeholders on December 20 to discuss OTT content.
The advisory, issued by MIB on November 26, highlights provisions of Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules, notified under the Information Technology Act, 2000, are applicable to publishers of online curated content, commonly referred to as OTT platforms.
According to these provisions, the Code of Ethics for OTT platforms specifies that publishers must not transmit, publish, or exhibit content prohibited under any current law or by any competent court. General guidelines for content classification further state that:
Curated content should align with contemporary standards of the country and the audience it targets.
Classification decisions should consider the theme and the sensitivity of its presentation. Challenging themes, such as drug misuse, are generally unsuitable for lower levels of classification.
Content must be evaluated in its entirety to assess its overall impact. The tone of the content plays a significant role in determining its influence on various groups of viewers.
The classification should also take into account the target audience and the potential impact of the content on them.
Based on these provisions, MIB advised OTT platforms streaming content in India that films, series, or other content depicting the misuse of psychotropic substances, liquor, smoking, and tobacco may warrant a higher classification. Content portraying potentially dangerous behavior that could incite offenses—such as self-harm—particularly when aimed at children or young people, should also receive a higher classification.
MIB urged OTT platforms to exercise due diligence in reviewing content. “OTT platforms must ensure that the content they host does not glamorize or promote the consumption of narcotic drugs and psychotropic substances in any form. If drug use is integral to the narrative, its depiction as ‘fashionable’ or ‘socially acceptable’ must be avoided,” the advisory stated.
The advisory further reminded OTT platforms of their obligations under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Sections 15, 16, 17, 18, and 20 of the NDPS Act penalize the use of cannabis, poppy, and coca-based narcotics. Additionally, Section 27 penalizes the consumption of narcotic drugs or psychotropic substances, while Section 29 penalizes the abetment of such offenses. The promotion or glamorization of these substances on OTT platforms could be construed as abetment, making it punishable under the Act.
MIB also recommended that OTT platforms provide adequate content classifications, disclaimers, and user warnings for any depiction of drug use, while emphasizing the harmful effects of such behavior. Furthermore, the advisory encouraged platforms to include public health messages and disclaimers in programs where drug use is part of the storyline, educating viewers about the dangers of drug abuse.