Draft IT (Digital Code) Rules, 2026

Context

India’s digital ecosystem has expanded rapidly with the rise of OTT platforms, social media, and user-generated content. While this growth has strengthened freedom of expression, it has also raised concerns related to online obscenity, hate speech, misinformation, and harmful exposure for children. Existing regulation under the Information Technology Act, 2000 and the IT Rules, 2021 has been criticised as insufficient to address evolving digital realities. In response, and following judicial observations by the Supreme Court of India, the Union government has proposed the Draft IT (Digital Code) Rules, 2026 to create a clearer and more standardised framework for regulating digital content.

Q1. Why has the Union government proposed the Draft IT (Digital Code) Rules, 2026, and what regulatory gaps do they seek to address?

1. The draft rules have been proposed to respond to the rapid growth of digital content platforms in India.
2. Existing laws were designed mainly for intermediaries and lacked detailed content classification standards.
3. Repeated controversies around OTT content and social media influencers exposed regulatory ambiguities.
4. Concerns over obscenity, hate speech, and harmful content for children have intensified.
5. Courts have questioned the absence of a structured regulatory mechanism for online content.
6. The government aims to bring consistency across platforms through uniform standards.
7. The draft rules seek to balance creative freedom with social responsibility.

Q2. What is the legal basis of the Draft IT (Digital Code) Rules, 2026, and how do constitutional principles guide their formulation?

1. The draft rules are proposed under Section 87(1) of the Information Technology Act, 2000.
2. They draw authority from Sections 67, 67A, and 67B dealing with obscene and sexually explicit content.
3. These sections already criminalise extreme forms of online obscenity.
4. The rules also reflect constitutional requirements under Article 19(1)(a).
5. At the same time, they recognise reasonable restrictions under Article 19(2).
6. The objective is to protect morality, decency, and public order.
7. Judicial guidance has emphasised balancing free speech with social harm prevention.

Q3. How do the Draft IT (Digital Code) Rules define “obscene content,” and why is this definition significant?

1. The draft adopts definitions similar to those used in television regulation.
2. Content is considered obscene if it is lascivious or appeals to prurient interests.
3. Material that tends to deprave or corrupt viewers is included.
4. This definition expands scrutiny beyond explicit sexual content.
5. It allows regulators to examine intent and impact on audiences.
6. Such a broad definition increases the scope of content regulation.
7. It also raises concerns about subjective interpretation.

Q4. What categories of content are proposed to be prohibited under the Draft IT (Digital Code) Rules, 2026?

1. Content attacking religions, communities, caste, or nationality is prohibited.
2. Material promoting communal hatred or violence is restricted.
3. Defamatory and deliberately misleading content is covered.
4. Content that denigrates women, children, or persons with disabilities is barred.
5. Presentation of crime, obscenity, or violence as desirable is restricted.
6. Explicit language or scenes aimed at children are prohibited.
7. These provisions significantly widen regulatory oversight.

Q5. What is the mandatory age-based classification system proposed under the draft rules, and how will it function?

1. All digital content must be classified into age categories.
2. Categories include U, 7+, 13+, 16+, and adult-only content.
3. Special categories are created for professional audiences.
4. Content must display age ratings prominently.
5. Content descriptors such as violence or nudity must be shown.
6. The system mirrors film certification practices.
7. It aims to help users make informed viewing choices.

Q6. What new obligations do the draft rules impose regarding parental controls and age verification?

1. Platforms must provide parental controls for content rated 13+ and above.
2. Adult-only content requires reliable age verification mechanisms.
3. Platforms must ensure children cannot easily bypass safeguards.
4. This increases technical and compliance responsibilities for platforms.
5. Social media intermediaries are also covered.
6. The aim is to protect minors from harmful exposure.
7. Compliance costs may rise for digital service providers.

Q7. How will the Draft IT (Digital Code) Rules be enforced, and what is their relationship with the existing IT Rules, 2021?

1. The IT Rules, 2021 will continue to apply alongside the new draft code.
2. Online Curated Content Providers will remain accountable.
3. The draft introduces clearer civil consequences for violations.
4. Enforcement mechanisms rely on self-regulation and oversight.
5. Grievance redressal systems remain mandatory.
6. Platforms may face penalties for non-compliance.
7. The framework strengthens regulatory supervision.

Q8. What concerns have been raised by OTT platforms and other stakeholders regarding the proposed rules?

1. OTT platforms argue that digital content differs from television broadcasting.
2. OTT operates on a user-choice model rather than forced viewing.
3. Applying broadcast-era standards may restrict creative freedom.
4. Broad definitions may encourage frivolous complaints.
5. Subjective terms could lead to regulatory uncertainty.
6. Innovation and investment may be discouraged.
7. Stakeholders seek clearer safeguards against misuse.

Q9. What is the broader significance of the Draft IT (Digital Code) Rules, 2026, for digital governance and society in India?

1. The rules aim to protect children and vulnerable users.
2. They seek to standardise digital content regulation.
3. Judicial concerns over online obscenity are addressed.
4. The framework strengthens accountability of digital platforms.
5. It reflects the state’s evolving role in digital governance.
6. At the same time, it tests limits of free expression.
7. The outcome will shape India’s digital public sphere.

Conclusion

The Draft IT (Digital Code) Rules, 2026 represent a major attempt to bring structure and clarity to India’s rapidly evolving digital content ecosystem. By introducing mandatory age classification, defining obscenity, and strengthening platform accountability, the government seeks to protect social values and vulnerable audiences. However, ensuring that regulation does not stifle creativity or innovation will be crucial. The final impact of these rules will depend on transparent implementation, precise definitions, and a careful balance between freedom and regulation in India’s digital future.