IT Rules 2021

GUIDELINES DEFINING ‘OBSCENITY’ IN ONLINE CONTENT: BALANCING FREE SPEECH & MORALITY

Government proposed IT Rules guidelines to clarify "obscenity" for OTT and social media, addressing ambiguity in existing laws. While judicial standards have evolved from the 'Hicklin Test' to the 'Community Standards Test,' challenges remain in balancing free speech with subjective public morality and ensuring effective, large-scale enforcement.

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AMENDMENTS TO THE IT RULES: BALANCES FREE SPEECH AND DIGITAL SAFETY

The government has amended the IT Rules, 2021, to strengthen online safety and accountability. It introduced Grievance Appellate Committees, required intermediaries to protect users’ rights, and proposed mandatory removal of content flagged “false” by a Fact Check Unit, reshaping digital rights and platform responsibility.

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