Government Drafts “Digital Code” for Age-Based Content Regulation

The Indian government’s recent draft proposal, the Digital Code Rules, 2026, marks a significant shift in regulating online content, especially focusing on obscenity and age-appropriate material. The rules aim to introduce a five-tier classification system for digital content, aiming to create a structured and accountable framework for online platforms. This move is seen as essential for protecting minors and vulnerable audiences from inappropriate content while maintaining a balance between regulation and freedom of expression in the rapidly evolving digital landscape.

Key Provisions of the Draft Digital Code Rules, 2026

1. Five-Tier Rating System:
   The new rules introduce a mandatory age-based content classification system. Content will be categorized into five primary ratings:

• U (Universal)
• 7+
• 13+
• 16+
• Adult-only

These categories aim to provide better guidance for users, particularly parents, in regulating the type of content consumed by younger audiences.

2. Parental Control and Age Verification:
   To ensure age-appropriate content, platforms will be required to implement robust parental controls. The government mandates platforms to use reliable age verification methods for adult content, offering greater protection against inappropriate access.
3. Mandatory Content Ratings and Disclosures:
   Content providers must display clear age ratings and detailed content descriptors (such as violence, nudity, and drug use) to give viewers transparent information about the nature of the content.
4. Ban on Inappropriate Content:
   The rules also include a prohibition against content that promotes harmful practices, such as communal hatred or illegal activities. Additionally, content that denigrates vulnerable groups, particularly children, will be banned.
5. Labeling of Synthetic Content:
   In an effort to ensure transparency, all AI-generated or synthetic content must be clearly labeled. This rule aims to protect users from misinformation and misleading media.

Legal Context and Challenges

The Draft IT (Digital Code) Rules, 2026 are framed under Section 87(1) of the Information Technology Act, 2000. The proposal follows the 2025 Supreme Court decision to balance free speech with the protection of minors and the preservation of societal values.

However, there are concerns within the industry about the subjective application of these rules, as the existing IT Rules (2021) have faced criticism for being overly centralized and vague. Critics argue that the proposed rules might stifle creativity, especially in the booming OTT platform sector and among user-generated content creators.

Why Is It Controversial?

The introduction of these rules has sparked significant debate. Industry experts argue that the new regulations might apply outdated standards, reminiscent of analog-era censorship laws, which could lead to restrictions on digital content creation. Concerns are raised regarding the impact on the rapidly expanding OTT platforms, which are central to the entertainment sector.

Another challenge highlighted is the complexity of ensuring universal age classification systems that are both fair and consistent across platforms, given the vast diversity of content types and genres available on the internet.

How the Rules Align with Global Trends

The Indian government’s initiative draws from international models, notably the European Union’s Digital Services Act, which mandates stricter controls on digital platforms. However, critics suggest that India’s regulations should be tailored to address local needs and concerns rather than adopting generic global practices.

Impact on India’s Digital Ecosystem

1. Content Regulation and Platform Accountability:
   Platforms must adjust their content moderation policies and enhance transparency. This will involve developing new age-verification technologies and content classification systems.
2. Boost for Digital Security:
   The rules seek to safeguard minors from exposure to harmful content and ensure online spaces remain safe for users of all age groups.
3. Concerns for Content Creators and OTT Platforms:
   While the primary goal is protecting audiences, content creators and OTT platforms may face challenges in ensuring their content complies with stringent regulations. The potential ambiguity of terms such as “obscenity” could impact content creators and advertisers within the digital space.

Final takeway

As the regulatory landscape continues to evolve,Digilogy  remains at the forefront of tracking these changes closely. The firm is actively monitoring the implications for digital marketing, content creation, and advertising in India’s rapidly changing online ecosystem. For deeper insights into how these regulations will shape the digital space, Digilogy provides comprehensive analysis and consulting services.