NCPCR seeks mandate on OTT disclaimers to shield minors from adult content

The National Commission for Protection of Child Rights (NCPCR) has requested the Ministry of Information and Broadcasting to mandate over-the-top (OTT) platforms to display disclaimers in English, Hindi, and regional languages before any adult content is shown, according to a report by The Indian Express.

In its letter, the NCPCR indicated that these disclaimers should reference Section 11 of the Protection of Children from Sexual Offences (POCSO) Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act. The warnings should inform subscribers that they could be held accountable under these provisions if their child is exposed to adult content.

Section 11 of the POCSO Act defines actions considered as sexual harassment of a child, such as presenting any object in media or other forms for pornographic purposes, with offenders facing up to three years in prison and a fine. Section 75 of the Juvenile Justice Act addresses cruelty towards children, outlining penalties for neglect, abuse, or exposure to harmful situations, which can result in up to three years of imprisonment, a Rs 1 lakh fine, or both.

Addressing the influence of adult content on minors
The NCPCR’s communication, dated September 19, followed an August meeting involving representatives from the Indian Cyber Crime Coordination Centre (I4C) and various ministries. The meeting discussed the increasing trend of minors engaging in criminal activities after viewing pornographic content. The letter was also forwarded to the Ministries of Electronics and Information Technology and Telecommunications, recommending further action.

The report cited an NCPCR official as saying that the concern arose from the fact that while OTT platforms offer the option to create multiple viewing profiles, these profiles often lack password protection, leaving children vulnerable to adult content.

In addition to addressing OTT platforms, the NCPCR urged the Ministry of Electronics and Information Technology to ensure social media platforms acquire verifiable parental consent before processing children’s personal data, as required by the Digital Personal Data Protection Act 2023. This act mandates that platforms secure consent from a parent or guardian before collecting or handling a child’s data. Business Standard