This article is written by Bhuwan Mamgai of Law College Dehradun, Uttaranchal University, an intern under Legal Vidya.
ABSTRACT
Media, news, or information created in one country but accessed or used in another country via television, the internet, or social media is known as cross-border content. In India, regulating such content is essential because it can impact our culture, security, and laws. Today, people can easily access movies, news, or posts from other countries, which can sometimes spread misinformation, harm social harmony, or violate Indian rules.
In this article, we talk about how India regulates cross-border content through laws such as the Information Technology Act, 2000, the Cable Television Networks Act, 1995, and the new IT Rules, 2021. It also discusses challenges faced by India while regulating such content, such as how to block harmful foreign websites, protect freedom of speech, stop piracy, and maintain national security.
This article compares India’s approach with the USA, European Union, and China to highlight different ways of addressing this issue. Ultimately, offers suggestions on how India can update its laws, collaborate with other countries, raise awareness, and balance free speech.
KEYWORDS
Cross-Border Content, Media Regulation, IT Act 2000; Cable TV Act 1995, Digital Media, Freedom of Speech, Censorship, National Security.
INTRODUCTION
In today’s world, the Internet and globalization have made it very easy for viewers in India to watch, read, and share content from other countries. Foreign movies, news reports, social media posts, and online shows reach Indian audiences every day. While this cross-border content provides new ideas and global information, it can also cause problems such as spreading fake news, harming social harmony, or threatening national security. Therefore, India must decide when and how to apply its laws to content created outside its borders. The urgency of this problem has intensified due to the spread of false information, extremist content, and the presence of online platforms operating without any offices in India. Through this article, we have come to know how India’s legal system has evolved in the digital age, what laws exist now, and the debates about controlling foreign content in Indian media.
BACKGROUND AND HISTORY
In India, the issue of cross-border content started mainly in the 1990s when satellite television gained popularity. Before that, people watched the government’s TV channel Doordarshan. However, with the arrival of cable and satellite television, viewers could access many foreign news and entertainment channels from other countries. This arrival also raised concerns about foreign programs showing content that might harm Indian culture, spread misinformation, or cause tension in society.
To tackle this challenge, the government enacted the Cable Television Networks (Regulation) Act of 1995.[1] This Act gave power to the government to set rules for TV channels and ban channels or programs if they went against public order or national interest.
Later in the 2000s, when the Internet became common, it changed everything again. People started using social media, YouTube, and OTT platforms like Netflix and Amazon Prime, which brought even more foreign content into India. Many websites and apps were based outside India, which made it harder to control what people could watch or share online.
To address these issues, the government brought in new acts, including the Information Technology Act, 2000[2], and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These laws help the government to make sure online platforms follow Indian laws while dealing with foreign content and to block harmful or illegal websites.
LEGAL FRAMEWORK IN INDIA
Information Technology Act, 2000
- Section 69A: Gives the government power to block websites or online content if it can harm India’s sovereignty, security, or friendly relations with other countries. Citing national security concerns, the Indian government has prohibited several Chinese applications, including TikTok and WeChat.
- Section 79: Protects social media platforms and internet companies if they follow Indian rules and remove harmful content when asked by the government.
Cable Television Networks (Regulation) Act, 1995: It says that cable operators must follow a Programme Code that does not allow content that harms India’s friendly ties with other countries or spreads hate. The government can stop any foreign TV channel or program if it breaks these rules.
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: OTT platforms like Netflix and Amazon Prime, and social media apps like Facebook and Twitter, must remove illegal or harmful content when the government asks. They must also provide a system for users to file complaints (MIB Guidelines, 2021). These rules help to control foreign digital content shown in India.[3]
Ministry of Information & Broadcasting (MIB): looks after TV, radio, films, and now digital platforms too. With the 2021 notification from the Ministry of Information & Broadcasting, it may enforce content takedowns, revoke TV channel permissions, and ensure OTT platforms operate within Indian legal norms. Sometimes, the Cinematograph Act, 1952, is also used to stop movies that can harm India’s friendly ties with other countries.
Together, these laws and rules help India handle cross-border content and make sure foreign media do not harm India’s security, peace, or cultural values.
CHALLENGES IN REGULATING CROSS-BORDER CONTENT
- Jurisdiction and Enforcement: One of the main challenges is that many websites, apps, and servers are located outside India. So even if the Indian government bans a website or app under Section 69A of the IT Act, people can still use VPNs or mirror sites to access the same content. For example, after India banned some Chinese apps, many people found ways to still use them through unofficial versions or VPNs.
- Freedom of Speech vs. Censorship: Article 19(1)(a) of the Indian Constitution guarantees every citizen the right to speak and express their views freely. So, the government must balance blocking harmful foreign content with protecting people’s right to speak freely. If bans are too broad or unclear, they can be misused or stopped by courts. A famous example is the Shreya Singhal v. Union of India (2015), where the Supreme Court struck down Section 66A of the IT Act because it was vague and could be misused to stop free speech.[4]
- Piracy and Copyright Violations: Foreign websites often upload pirated movies, songs, and shows, which are watched in India. Many such websites work from countries with weak copyright laws. This makes it hard for India to take action and block them fully. Piracy badly affects the Indian film and music industry by causing big financial losses.[5]
- Cultural Sensitivity and Social Harmony: Some foreign content can hurt Indian cultural or religious values. For example, a foreign show or video may contain content that people in India find offensive or disrespectful. Also, fake news or hate speech from outside can spread fast through social media and create tension among communities.
- National Security Risks: Sometimes, cross-border content is used for propaganda or spreading fake news that harms India’s national interest. For example, in 2012, the Indian government identified 24 foreign TV channels that were spreading anti-India content and promoting hate, and it ordered cable operators to block them under the Cable TV Act. In 2020, India also banned many Chinese apps like TikTok for security reasons because they were seen as a risk to user data and national security.
INTERNATIONAL COMPARATIVE ANALYSIS
Many countries face the problem of how to control cross-border content that comes through TV, the Internet, or social media. But each country uses different ways depending on its laws and society. India can look at these models to improve its system.
United States
The First Amendment to the U.S. Constitution enshrines wide-ranging speech rights, which effectively prevent the government from imposing content bans or censorship. Also, the Communications Decency Act, Section 230 protects online platforms like Facebook, Twitter, or YouTube from being punished for what user’s post, as long as they remove illegal things like child pornography or threats when asked. This gives people a lot of freedom online. The USA does block some illegal content, but does not usually block foreign websites.
European Union
The European Union tries to keep a balance between free speech and protecting local culture. It has rules like the Audiovisual Media Services Directive, which says that streaming platforms like Netflix must keep at least 30% European content in their libraries. This supports local films and shows. The EU also has strict data and content rules under the Digital Services Act, which makes big platforms remove illegal content quickly and be transparent about how they do it. EU countries can block sites that spread terrorism or hate speech, but usually with proper court orders.
China
China has one of the strictest ways to control foreign content. The Chinese government uses the Great Firewall to block many foreign websites completely, like Google, Facebook, and YouTube. It also forces foreign companies to follow local censorship rules and store user data inside China. China says this protects national security and social order, but it also limits people’s freedom to see global information.
What India Can Learn
India does not fully follow any one model. Like the USA, India supports free speech but does not give platforms as much protection as Section 230 does. Like the EU, India has local rules to control harmful content through the IT Rules 2021. Like China, India can block apps or sites that hurt national security. By looking at these examples, India can try to improve its system by making clear laws, keeping checks on censorship, protecting free speech, and working with other countries to tackle harmful content.
RECENT DEVELOPMENTS AND JUDICIAL TRENDS
In the last few years, India has enacted new laws and taken strong actions to control cross-border content and protect national interests.
Shreya Singhal v. Union of India (2015)
In this landmark case, the Supreme Court cancelled Section 66A of the Information Technology Act because it was too broad and went against freedom of speech under Article 19(1)(a) of the Constitution. However, the Court said that Section 69A, which gives the government power to block websites and online content, is valid if proper rules and safeguards are followed. This decision made it clear that free speech must be protected, but harmful content can still be blocked if needed.[6]
Ban on Chinese Apps (2020–2021)
In 2020, India banned 59 Chinese mobile apps, including TikTok, WeChat, and PUBG, under Section 69A of the IT Act. The government said these apps were a threat to national security and user data privacy. This was one of India’s biggest actions against foreign digital content and showed how blocking powers can be used to stop harmful cross-border content. More apps were banned in later rounds.[7]
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
In February 2021, the government introduced new rules to control social media, OTT platforms, and digital news publishers. These rules made it compulsory for big platforms like Facebook, Twitter, Netflix, and news websites to remove illegal content when the government asks, to set up a system for user complaints, and to follow a code of ethics. The Ministry of Information & Broadcasting (MIB) now has more power to check if OTT and news platforms follow Indian rules. These rules help India handle foreign content better, but have also faced criticism for giving too much power to the government. [8]
Twitter Case Against Blocking Orders (2022–2023)
In 2022, Twitter filed a case in the Karnataka High Court challenging some government orders that asked it to block certain accounts and posts. According to Twitter, some of the orders were issued in violation of the procedures laid out in Section 69A. This case is important because it shows that big foreign platforms sometimes do not fully agree with India’s blocking orders and want more clarity and fairness.[9]
Draft Broadcasting Services (Regulation) Bill, 2023
Recently, the government has proposed a new Broadcasting Bill to bring TV, radio, and online content under one clear law. The draft Bill aims to update old laws like the Cable TV Act to cover OTT platforms too. If passed, this will make foreign streaming platforms follow the same content rules as TV channels.[10]
RECOMMENDATIONS
India has taken many steps to control cross-border content, but to make these rules better and clearer. India should update old laws like the Cable TV Act and make a clear law that covers TV, OTT, social media, and digital news. The new Broadcasting Bill is a good step. It should clearly say how foreign content will be checked and what platforms must do to follow Indian rules. The government should use its blocking powers under Section 69A carefully. All blocking orders should follow proper rules and give reasons in writing. Platforms and users should get a chance to reply before content is blocked, except in urgent cases of national security. This will protect free speech and reduce misuse of power. India should work with other countries and global organizations to tackle harmful foreign content. Many fake news sites or piracy websites are hosted outside India, so international cooperation is needed to stop them completely. Foreign companies like social media sites and OTT platforms must follow Indian laws if they work in India. They should have local offices, grievance officers, and clear complaint systems. The government should make sure these rules are strictly followed. Laws alone are not enough. People should know how to identify fake news and harmful content from foreign sources. Schools and colleges should teach students about safe and responsible internet use. The government and media can run awareness campaigns for this. Finally, while stopping harmful foreign content, India must always respect people’s right to speak freely under the Constitution. Any ban or block should be reasonable, limited, and follow the rules made by the courts.
CONCLUSION
In today’s global and digital age, cross-border content is a reality that brings both benefits and risks for India. People now easily watch, read, and share foreign movies, news, and online posts every day. While this helps people learn about the world, it also raises challenges for culture, security, and law. India has made strong steps to handle these issues through laws like the IT Act, Cable TV Act, and new IT Rules. Recent actions, such as banning harmful apps and making OTT platforms follow Indian rules, show that the government is serious about protecting national interests.
However, there are still challenges like blocking foreign websites, stopping piracy, protecting freedom of speech, and balancing censorship with people’s rights. By looking at how other countries handle these problems, India can improve its system. Updating old laws, working with other countries, and making people more aware of fake news and safe internet use are practical steps forward.
India must keep a careful balance — protect national security and culture, but also allow the free flow of information and ideas. With clear rules, fair enforcement, and people’s support, India can manage cross-border content that respects freedom of speech while keeping harmful content away.
REFERENCES
1. The Cable Television Networks (Regulation) Act, 1995 – https://cis-india.org/telecom/resources/cable-television-networks-regulation-act
2. The Information Technology Act, 2000 – https://indiankanoon.org/doc/10190353/?utm
3. The Hindu, “Explained: Why India banned Chinese apps under IT Act Section 69A”, 2020
4. Shreya Singhal v. Union of India, AIR 2015 SC 1523 https://indiankanoon.org/doc/110813550/
5. The Hindu, “Why India banned 59 Chinese apps under Section 69A”, 2020.- https://www.thehindu.com/news/national/india-bans-59-chinese-apps/article31953147.ece
6. IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
7. Ministry of I&B, Draft Broadcasting Services (Regulation) Bill, 2023, PIB Release. https://www.pib.gov.in/PressReleasePage.aspx?PRID=1976200&utm
8. Indian Express, “Twitter challenges Centre’s blocking orders in Karnataka High Court”, 2022. https://indianexpress.com/article/technology/tech-news-technology/lok-sabha-centres-blocking-orders-to-twitter-exceed-2019s-number-8055728/?utm
[1] https://cis-india.org/telecom/resources/cable-television-networks-regulation-act
[2] https://indiankanoon.org/doc/10190353/?utm
[3] https://www.meity.gov.in/static/uploads/2024/02/Information-Technology-Intermediary-Guidelines-and-Digital-Media-Ethics-Code-Rules-2021-updated-06.04.2023-1-2.pdf
[4] Shreya Singhal v. Union of India, AIR 2015 SC 1523. https://indiankanoon.org/doc/110813550/
[5] Times of India, “Piracy websites still active despite bans”, 2021.
[6] ibid
[7] The Hindu, “Why India banned 59 Chinese apps under Section 69A”, 2020. https://www.thehindu.com/news/national/india-bans-59-chinese-apps/article31953147.ece
[8] ibid
[9] Indian Express, “Twitter challenges Centre’s blocking orders in Karnataka High Court”, 2022. https://indianexpress.com/article/technology/tech-news-technology/lok-sabha-centres-blocking-orders-to-twitter-exceed-2019s-number-8055728/?utm
[10] Ministry of I&B, Draft Broadcasting Services (Regulation) Bill, 2023, PIB Release. https://www.pib.gov.in/PressReleasePage.aspx?PRID=1976200&utm
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.
0 Comments