IndiaOnline Curated Content Age Classification and Access-Control Duty
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, rules 8-9 and Appendix, Code of Ethics Part II(B)-(D)
In force since .
An adult content age verification (AV) rule binding private bodies.
What it requires
- Applies to a publisher of online curated content: one who, performing a significant role in determining the content made available, makes available to users a computer resource enabling access to online curated content over the internet.
- Observe the Code of Ethics, which classifies all such content as U (suitable for all ages), U/A 7+, U/A 13+ or U/A 16+ (viewable below the stated age with parental guidance), or A (restricted to adults, meaning people 18 or older).
- Make access control mechanisms, including parental locks, available for content classified U/A 13+ or higher.
- If you make A-rated content available, implement a reliable age-verification mechanism for your viewership.
- Take all efforts to restrict a child's access to A-rated content through appropriate access-control measures.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Ministry of Information and Broadcasting, through the Rules' three-tier self-regulation and Oversight Mechanism
What it reaches
Age threshold
18
Covered services
Publisher of online curated content: an on-demand catalogue of audio-visual content transmitted over the internet or computer networks, owned by, licensed to, or contracted to be transmitted by the publisher (rule 2(1)(q), rule 8)
Obligation class
Age verification
What this law does
Rule 8 binds a publisher of online curated content, defined as one who, performing a significant role in determining the content made available, makes available to users a computer resource enabling access to online curated content over the internet. Rule 9 requires that publisher to observe the Code of Ethics in the Appendix.
That Code classifies all such content into a "U" rating suitable for all ages, with tiered "U/A 7+", "U/A 13+" and "U/A 16+" ratings viewable below the stated age with parental guidance. It also sets an "A" rating restricted to adults, a person the Rules define as eighteen years or older. A publisher making available content classified U/A 13+ or higher must ensure access control mechanisms, including parental locks, are available for it.
A publisher making available "A"-rated content must implement a reliable age-verification mechanism for its viewership. Every publisher offering "A"-rated content must take all efforts to restrict a child's access to it through appropriate access-control measures. The Rules have applied since their own commencement, , the date of their Official Gazette publication.
When LexLint raises it
When your app profile says your app publishes adult content.
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