In a significant regulatory directive aimed at curbing digital misinformation and misleading archival footage, the Ministry of Information and Broadcasting (MIB) has issued a comprehensive advisory instructing all Over-The-Top (OTT) platforms, digital news publishers, and internet intermediaries to adhere strictly to statutory provisions governing online content “in letter and spirit”.
The official advisory (Ref: DM/40/2026-DM, dated November 2, 2026) signed by Deputy Secretary Arpitha S, reinforces compliance under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Key Highlights of the MIB Advisory
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Mandated Time-Stamping of Visual Content:
The Ministry noted that the practice of using old, archived, or unrelated video clippings without context creates false narratives and misleads viewers. Publishers and platforms are advised to time-stamp and clearly context-label visual content.
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Binding Compliance on Victim Protection:
While several aspects of the advisory offer advisory guidelines, non-negotiable statutory mandates—such as protecting the identity of sexual assault victims, minors, and vulnerable individuals—remain strictly enforceable.
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Alignment with Satellite TV Guidelines:
This directive extends similar instructions issued recently to private satellite television channels regarding responsible crime reporting, handling disturbing footage, AI-generated/manipulated content, and live reporting during security operations.
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Self-Regulatory Framework Engagement:
Copies of the advisory have been formally sent to all self-regulatory bodies registered under Part III of the IT Rules, 2021, emphasizing three-tier oversight mechanism compliance.
Legal Context: IT Rules, 2021 Framework
The advisory builds upon the existing regulatory framework established under Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:
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Code of Ethics: Requires digital news portals and publishers of curated content to verify facts, avoid content prejudicial to public order or national security, and maintain responsible editorial oversight.
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Three-Tier Grievance Redressal:
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Level I: Self-regulation by the publisher.
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Level II: Oversight by self-regulatory bodies headed by a retired Supreme Court/High Court judge or eminent independent personality.
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Level III: Inter-Departmental Committee (IDC) oversight by the Central Government.
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Impact on Digital Media & Legal Takeaways
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Increased Editorial Accountability: Digital news portals must incorporate strict editorial practices, including explicit disclosures for archival footage, dramatizations, and AI-generated visuals.
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No New Statutory Burden, but Heightened Scrutiny: The advisory does not amend existing rules or introduce new legislation; rather, it serves as a stern compliance reminder before the government considers stricter statutory enforcement.
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Proactive Oversight for Compliance Officers: Legal counsel and compliance officers at digital news outlets and OTT streaming platforms should review internal editing guidelines and content clearance protocols to align with MIB standards.