In the latter half of June, the short-video platform Chingari got a lot of media attention, and the reason for this attention? The platform was switching to NSFW (not safe for work) content, an Inc42 report informed. We asked them and confirmed the same, to which they said while they did change their user rating on Google PlayStore and Apple app store to “18+”, their content was going to stay safe for work. But that made us wonder: can you have a platform specifically meant for NSFW content (like OnlyFans) in India? Is such a platform legal in India? The answer wasn’t all that clear, given that India does have access to OnlyFans, a platform that is universally known for its NSFW content. But what India doesn’t have, is a platform like that of its own. If we look at a platform like OnlyFans from the lens of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021—Part II, which says that intermediaries must inform users not to post content that is obscene or pornographic—users shouldn’t be allowed to post anything provocative on OnlyFans and even on other social media platforms. Even though we have all seen such content before. If we look at it through the lens of obscenity as specified under Section 292 of the Indian Penal Code (which says that any content which, in part or collectively, tends to deprave or corrupt a person who consumed the content is obscene) a lot of content could be considered “obscene.” And…
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