Breaking: Govt bans OTTs like Ullu, ALTT, Desiflix, Big Shots for showing soft porn content

In a significant move to curb the dissemination of unlawful content, the Ministry of Information & Broadcasting (MIB), Government of India, has issued a notification directing Internet Service Providers (ISPs) to disable public access within India to 25 websites identified as hosting prohibited material.

The government emphasized that the intermediaries are responsible to remove or disable access to unlawful information under the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

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The government highlighted Section 79(3)(b) of the Information Technology Act, 2000, which states that intermediaries lose their exemption from liability if they fail to expeditiously remove or disable access to material being used to commit an unlawful act, upon receiving actual knowledge or notification from the appropriate government agency.

Furthermore, Rule 3(1)(d) of the IT Rules, 2021, mandates that intermediaries shall not host, store, or publish any unlawful information prohibited by law, especially concerning the sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offense.

The MIB also invoked Rule 7 of the IT Rules, 2021, which stipulates that an intermediary failing to observe these rules will not be protected by Section 79(1) of the Act and will be liable for punishment under applicable laws. Part III of the IT Rules, 2021, administered by the Ministry of Information & Broadcasting, applies to publishers of news and current affairs content and online curated content on digital media. These publishers are required to adhere to the Code of Ethics annexed to the rules, which prohibits the publication or transmission of content that is unlawful.

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The Authorized Officer and Joint Secretary of the Ministry of Information & Broadcasting designated as the Nodal Officer for notifying intermediaries regarding unlawful information as per an office order dated December 21, 2023, signed the notification.

The Ministry identified ALTT, ULLU, Big Shots App, Desiflix, Boomex,Navarasa Lite, Gulab App, Kangan App, Bull App, Jalva App, Wow Entertainment, Look Entertainment, Hitprime, Feneo, ShowX, Sol Talkies, Adda TV, HotX VIP, Hulchul App, MoodX, NeonX VIP, Fugi, Mojflix, Triflicks being in violation of various laws, including Section 67 and Section 67A of the Information Technology Act, 2000, Section 294 of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of The Indecent Representation of Women (Prohibition) Act, 1986.

The government has explicitly directed Internet Service Providers to disable or remove public access to these websites within India. MIB has also intimated to the Director (DS-II), Department of Telecommunications, Government of India, with a request to facilitate compliance by the ISPs. This action underscores the government's commitment to enforcing digital content regulations and ensuring adherence to Indian laws.

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