Is Censorship back? Ullu and 24 others face OTT ban by central government

Is Censorship back? Ullu and 24 others face OTT ban by central government

New Delhi: Recently, the central government has directed the blocking of 25 OTT platforms and their related mobile applications, including well-known OTT platforms like ALTBalaji and Ullu. According to some sources, this action was taken due to allegations of these platforms sharing obscene, vulgar, and, in some instances, adult content. The Ullu application was founded by media entrepreneur Vibhu Agarwal. This decision was reported made after consultations with the Ministries of Home Affairs and Electronics & IT, the Department of Legal Affairs, industry bodies like FICCI and CII, and experts on women’s and children’s rights. Under this directive, 26 websites and 14 mobile applications have been blocked in accordance with the IT Act, 2000 and the IT Rules, 2021.

This was the first time these platforms like Ullu and ALTT, have attracted the government’s attention, but in July and August 2024, the National Commission for Protection of Child Rights raised concerns over the explicit content being streamed on both platforms. This blocking order was passed on July 23rd by the Ministry of Information and Broadcasting, targeting both established and emerging platforms, including Ullu, ALTT, Big Shots Application, Desiflix and 21 others. This action covers 26 websites and 14 applications, with the other nine apps removed from the Google Play Store and five from the Apple App Store.

The ministry acted under section 79(3)(b) of the Information Technology Act, which empowers the government to direct intermediaries to remove access to unlawful content when they fail to respond to official notices, two MIB officials told Hindustan Times. This legal provision under which this ban was issued assumes importance since the Government’s reliance upon Section 79(3)(b) for ordering online content takedown is currently under challenge.

This petition filed on the X platform before the Bangalore High Court earlier this year argues that issuing content-banning orders through Section 79(3)(b) bypasses legal protections available under the IT Act, 2000, as stated by Vikram Jeet Singh, partner at BTG Advaya and a specialist in Internet regulation laws. According to the ministry document, the flagged content contained “sexual innuendos”, extended scenes involving adult, and depictions of sex in inappropriate contexts, including family relationships. Officials noted that much of the content lacked meaningful storylines or social messages and was largely obscene and vulgar.

Any depiction that degrades or objectifies women, through media, is a basis to ban platforms, especially for obscene portrayals of women. The law criminalises the distribution or performance of obscene content in public places, and by extension, digital media does not escape public morality standards, said Gaurav Sahay, founding partner, Arthashastra Legal. The ministry is expected to take further action if violations continue.

Punit Panchal
Senior Editor

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