Section 69A of the Information Technology Act, 2000 empowers the Indian government to block public access to digital content to defend national security and public order. Despite procedural safeguards upheld by the Supreme Court, concerns persist regarding transparency and due process.
Click to View MoreSocial media platforms face increasing automated censorship pressures in India under amended IT Rules and the Sahyog portal. Shrinking safe harbour protections and expedited takedown mandates risk bypassing judicial safeguards, threatening constitutional freedom of speech and expression.
Click to View MoreThe draft IT (Digital Code) Rules, 2026 seek to regulate online obscenity using Cable TV norms, age classification, and access controls. While protecting users, concerns over subjectivity, outdated standards, and privacy risks persist. A balanced approach needs consultations, nuanced regulation, and lessons from the EU’s Digital Services Act.
Click to View MoreGovernment 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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