In the past six months, the government, through the Sahyog portal led by the Indian Cyber Crime Coordination Centre (I4C)

These notifications serve as content blocking directives and are issued under Section 79(3)(b) of the Information Technology Act, 2000. They are distinct from Section 69(A) of the same Act, which is frequently utilized for online censorship orders.

According to Section 79(3)(b), online intermediaries risk losing their safe harbor protections if they do not obstruct access to content flagged by an 'appropriate' government authority. Safe harbor protections grant legal immunity to social media platforms concerning third-party user-generated content.

The Indian Cybercrime Coordination Centre (I4C) is an initiative established by the Ministry of Home Affairs in 2020 to address cybercrime in a coordinated and comprehensive manner, focusing on various issues related to cybercrime for citizens, including enhancing collaboration among law enforcement agencies and stakeholders.

The legal framework distinguishes between Section 69A and Section 79(3)(b). Section 69A of the IT Act, 2000, authorizes the government to restrict public access to online content under specific conditions, such as threats to national security, sovereignty, public order, or to avert incitement, with safeguards established by the Supreme Court in the Shreya Singhal case (2015), which mandates a reasoned order justifying the need for content blocking and allows the affected party to contest the order.

Conversely, Section 79(3)(b) addresses the liability of intermediaries, such as platforms like X Corp, for third-party content, exempting them from liability for illegal content unless they neglect to promptly remove or disable access to such content upon government notification. Intermediaries contend that this provision should not be interpreted as a means to directly block content, as it was not designed for that purpose.

Digital content censorship involves the regulation of online material by governments, organizations, or other authorities. This encompasses actions such as blocking websites and applications, removing social media posts, overseeing OTT (Over-The-Top) streaming services, and imposing restrictions on digital journalism and news.

In India, the legal framework governing digital censorship includes the Right to Freedom of Speech (Article 19(1)(a)), which is subject to reasonable limitations under Article 19(2) related to decency, morality, and public order. The Information Technology (IT) Act of 2000, specifically Section 69A, empowers the government to block online content for reasons of security or public order. The Intermediary Guidelines & Digital Media Ethics Code of 2021 regulate social media, OTT platforms, and digital news outlets.

Additionally, self-regulation by OTT services like Netflix and Amazon Prime is guided by frameworks such as the Digital Publishers Content Grievances Council (DPCGC). The Central Board of Film Certification (CBFC), established under the Cinematographic Act of 1952, is tasked with the censorship of films in India. Challenges in digital censorship in India include the need to balance freedom of speech with regulation, as excessive regulation may stifle creativity while insufficient regulation may allow harmful content to proliferate.

There are also issues of transparency and accountability, as content moderation and censorship decisions often lack clear guidelines, leading to potential misuse. Jurisdictional challenges arise since many digital platforms operate from outside India, complicating enforcement. The rapid advancement of technology further complicates the establishment of consistent and fair regulations. Ethical concerns are also present, as the subjective nature of obscenity laws can result in arbitrary censorship.

Moving forward, it is essential to strengthen independent regulatory bodies to ensure that courts and impartial institutions review censorship decisions, and to enhance transparency in content moderation by requiring digital platforms to publish regular reports on content removals.