Authors: Senu Nizar & Manan Katyal
Published: May 2025
Amid growing public and political demands for new legislation to tackle obscene content online, this quick policy review by TQH contends that India already has a robust legal framework in place to address obscenity, particularly in the digital era.
Triggered by recent controversies surrounding OTT platforms and influencers, the brief reviews existing laws including the Bharatiya Nyaya Sanhita (BNS), the Indecent Representation of Women Act, and the IT Act and Rules.
Rather than proposing more laws, the brief highlights the real issue: uneven and politicised enforcement. It emphasises that existing provisions, when interpreted through progressive judicial precedents, are robust enough to deal with obscenity without compromising free expression. The brief also critiques the overuse of obscenity laws as moral policing tools and urges a shift in focus toward tackling serious online harms like non-consensual image sharing and gender-based abuse.
Through a review of legislation and landmark case law, the brief calls for a more nuanced and rights-based approach to digital safety.