Introduction
Digital news portals and OTT platforms have transformed media consumption in India. However, the absence of ethical oversight led to misinformation, sensationalism, and unregulated content. To address this, the Digital Media Ethics Code was introduced under the IT Rules, 2021.
The Code establishes ethical standards and grievance mechanisms for digital news publishers and online curated content platforms.
Why Was the Digital Media Ethics Code Introduced?
Traditional media follows established ethical norms. Digital media lacked similar regulation. The Code was introduced to bring accountability and parity between digital and traditional media without suppressing free speech.
Who Are Publishers Under the Digital Media Ethics Code?
The Code applies to publishers of digital news and current affairs content, as well as OTT platforms that curate and distribute content. Individual social media users are excluded.
What Ethical Standards Apply to Digital News Publishers?
Publishers must ensure accuracy, fairness, and responsible reporting. They must respect national integrity, public order, and privacy rights. Sensationalism and misinformation undermine democratic discourse and must be avoided.
How Is Online Curated Content Regulated?
OTT platforms must classify content based on age suitability. They must provide content descriptors and parental controls. The framework respects creative freedom while ensuring viewer protection.
What Is the Three-Tier Grievance Redressal Mechanism?
The first level requires publishers to resolve complaints internally. The second level involves self-regulatory bodies led by independent experts. The third level provides government oversight through an inter-departmental committee.
This structure prioritises self-regulation and limits direct state interference.
Does the Oversight Mechanism Affect Free Speech?
Critics fear executive overreach. Supporters argue that procedural safeguards prevent censorship. Courts play a key role in ensuring that restrictions remain reasonable and proportionate.
How Does Freedom of Speech Apply to Digital Media?
Digital publishing enjoys protection under Article 19(1)(a). Restrictions must comply with Article 19(2). The Ethics Code must operate within these constitutional boundaries.
What Is the Role of Shreya Singhal v. Union of India (2015) in Digital Media Regulation?
The Shreya Singhal judgment struck down vague speech restrictions and emphasised legal clarity. This principle applies to the Digital Media Ethics Code. Ethical standards must remain precise and lawful.
How Does Anuradha Bhasin v. Union of India (2020) Influence the Code?
In Anuradha Bhasin, the Supreme Court held that online speech enjoys constitutional protection. Any restriction on digital media must satisfy proportionality and necessity.
Why Is LiveLaw Media Pvt. Ltd. v. Union of India (2021) Significant?
In LiveLaw Media Pvt. Ltd. v. Union of India, digital news platforms challenged the Ethics Code for excessive government control. Interim protections highlight ongoing judicial scrutiny.
Conclusion
The Digital Media Ethics Code under the IT Rules, 2021 seeks to professionalise digital media while safeguarding constitutional freedoms. Its success depends on fair enforcement, credible self-regulation, and continued judicial oversight.
