On Monday, the Supreme Court heard a plea seeking regulation of obscene content on online platforms. The apex court stated that Over The Top (OTT) and social media platforms “have a responsibility”. It flagged the issue as an ‘important concern’ and issued notices to the Centre as well as OTT and social media platforms.

A bench comprising Justice BR Gavai and Justice AG Masih heard the plea. The court subsequently issued notice to the Union Government and OTT platforms. These platforms include- Netflix, Amazon Prime, AltBalaji, Ullu Digital, Mubi. Moreover, social media platforms X Corp, Google, Meta Inc. and Apple also received the notice. For context, journalist and former information commissioner Uday Mahurkar and others filed the PIL.

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During the hearing, SG Tushar Mehta told the bench, “Some content is perverted to an extent that even two respectable men can’t sit together and watch. Condition is 18+ must not watch. But there cannot be censorship. There are some regulations in place, some are in contemplation.”

The court observed, “This petition raises an important concern with regard to the display of various objectionable, obscene and indecent contents on OTT platforms and social media. The Solicitor General (SG) fairly states that content go to the extent of perversity.” Justice Gavai said, “Let Netflix etc be also here, they also have social responsibility,” while also instructing Solicitor General Tushar Mehta, who appeared for the Centre, “Do something… Something legislative.”

Meanwhile, the PIL was filed back in March. It noted that there is “an urgent and growing societal concern that threatens to corrupt the moral fabric of future generations, i.e. unrestricted access to obscene content, sexually perverted content, paedophilic, incestuous, bestiality as well as other kinds of pornographic content on the internet.” It added, “What was once an individual vice has now transformed into a widespread issue, infiltrating every corner of digital platforms, from social media to Over-The-Top (OTT) streaming services. If left unchecked, this unregulated spread of obscene material could have severe consequences on societal values, mental health and public safety.”

“The unchecked circulation of such material, including child pornography and soft-core adult content, has contributed to a rising trend of crimes against women and children while negatively shaping the psychological development of young minds.” The petitioners also said “they had made representations/complaints before the competent authorities, institutions, etc., however, the same have yielded no effective result. The government, despite being fully aware of the gravity of this situation, has failed to take any significant steps to regulate this menace.”

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