The information technology ministry is expected to respond by next week to a parliamentary standing committee about the existing framework to regulate social media and the need for amendments to bring the platforms under legal scrutiny to “safeguard the societal values”, The Indian Express reported on Thursday.

The parliamentary panel on information technology had asked the ministry for a response after a controversy was triggered by the sexually explicit comments made by YouTuber and podcaster Ranveer Allahbadia on a comedy talent show.

Allahbadia jokingly asked a contestant an explicit question insinuating incest during an episode of India’s Got Latent that was released on February 9. This was in line with the show’s pattern of provocative humour from judges and participants. The show is hosted by comedian Samay Raina and Allahbadia participated in one of the episodes as a guest judge.

On February 11, the episode was taken down by YouTube based on a complaint by the Union government. Additionally, a first information report was registered in Maharashtra against “all members who played roles in all episodes” of the show. Similar FIRs were also filed in Assam and Rajasthan.

Raina subsequently deleted all other episodes of the show from his YouTube channel.

In an internal communication prepared by the Ministry of Information and Broadcasting to formulate a response for the panel’s query, it has referenced the now-revoked Section 66A of the Information Technology Act, The Indian Express reported.

The Supreme Court had struck down Section 66A of the Act as unconstitutional in 2015. The provision allowed the police to make arrests for posting offensive content online.

The ministry was asked by the parliamentary panel to send its response by February 25. The committee had instructed the ministry to consider the Supreme Court’s recent observation, which emphasised that free speech does not permit obscenity and that the remarks made on the show were offensive to societal norms, NDTV reported.

On Tuesday, the Supreme Court granted Allahbadia protection from arrest. However, it also criticised the comments he had made on the show.

“The words you have chosen, parents will feel ashamed,” Bar and Bench quoted the court as saying. “The entire society will be ashamed. These are the levels of depravity you and your henchmen have gone to. Rule of law and system has to be followed. He should be ashamed as to what he has done to his parents.”

The Union government had pushed for a sweeping Broadcasting Bill ahead of the Lok Sabha elections but withdrew it in August amid allegations by several press associations and civil society organisations that it impinged on free speech online.

The Broadcasting Services Regulation Bill had sought to create a consolidated legal framework for the broadcasting sector in India. The proposed legislation was meant to replace the nearly three-decade-old Cable Television Networks Regulation Act, 1995 and bring under its ambit over-the-top media providers and digital news platforms.

The proposed law was to cover online streaming services, social media accounts and online video creators.

The draft proposed that online creators would need to conform with a three-tier mechanism put in place by the Information Technology Rules. Broadcasters would need to appoint grievance officers, set up Content Evaluation Committees and would need to comply with a Programme Code and an Advertising Code.

Among the most contentious provisions was one that said online influencers could be classified as broadcasters if they spoke about matters involving current affairs.


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