SC gives notice to Centre, OTT platforms on plea seeking ban of obscene content: ‘Not our domain, do something…’

The Supreme Court on Monday issued notices to the Centre and other relevant parties in response to a petition seeking a directive to take appropriate measures to ban the streaming of sexually explicit content on OTT and social media platforms, PTI reported.

As reported by ANI, the Supreme Court issued a notice to the Centre, Netflix, Amazon Prime, Ullu, ALTT, X (formerly Twitter), Facebook, Instagram, YouTube and others on a PIL seeking direction to the Centre to take appropriate steps to prohibit the streaming of obscene content on OTT and social media platforms.

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"It's not our domain, you do something," said SC, PTI reported.

A bench of Justices B R Gavai and Augustine George Masih said the petition raised an important concern and the issue was within the domain of the executive or the legislature, PTI reported.

“As it is, there are allegations that we are encroaching upon the legislature and executive power,” Justice Gavai said.

The bench urged Solicitor General Tushar Mehta, representing the Centre, to take action on the concerns raised in the petition. Mehta informed the court that certain regulations were already in place, while additional measures were under consideration.

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“This petition raises an important concern with regard to the display of various objectionable, obscene and indecent contents on OTT platforms and social media. Solicitor General fairly states that the contents go to the extent of perversity. He submits that certain more regulations are in contemplation. Issue notice,” ANI quoted the bench as saying.

The Supreme Court was hearing a plea filed by five individuals seeking the formation of a National Content Control Authority and the establishment of guidelines to prohibit sexually explicit content on OTT and social media platforms. 

What did the plea say?

Advocate Vishnu Shankar Jain appeared on behalf of the petitioners, PTI reported.

"Such sexually deviant material pollute the minds of youth, children and even grown up persons which gives rise to perverted and unnatural sexual tendencies thereby leading to an increase in the crime rate," the plea said, according to PTI.

It added, “It is the need of the hour that the state must uphold its constitutional duty to safeguard public morality, protect vulnerable populations, and ensure that the digital space does not become a breeding ground for deviant behaviour.”

The PIL argued that if not addressed, the unchecked and unregulated spread of obscene material could seriously impact societal values, mental health, and public safety.

"We have demanded that there should be a check and ban on obscene and indecent content floating on social media and OTTs. Solicitor General of India Tushar Mehta, representing the Union government, who appeared today, said that this is a serious concern and the government has brought some regulations. The court has issued a notice to the Centre and 9 OTTs and social media platforms which are showing such content...Court observed that this is a serious issue..."ANI quoted Vishnu as saying.