Mint Quick Edit: Over-the-top obscenity versus over-regulation
Summary
The Supreme Court has taken up a petition asking for India to regulate online obscenity. Think Netflix, Amazon Prime and other platforms. But rules already exist. Keep the risk of over-regulation under watch.
The Supreme Court on Monday issued notices to over-the-top streaming platforms, Netflix and Amazon Prime among them, as well as the Union government and some Big Tech firms over “obscene" content available online.
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This was in response to a petition seeking its regulation that the court agreed to consider. “Yes, Mr Solicitor? Do something... something legislative," Justice B.R. Gavai told Solicitor General Tushar Mehta. The latter seemed to share the petitioners’ concerns, observing that some content “was so perverted that even two respectable men cannot sit together and watch". While some regulation is in place, Mehta added, more is under consideration.
Also Read: A censor board for OTT platforms? Think again.
True, guidelines already exist under the IT Rules of 2021 that apply to digital intermediaries. Action has also been taken under these, reportedly. Framing new rules may run the risk of over-regulation. What is obscene and what isn’t is a subjective call that tends to differ from one viewer to another.
Also Read: Filmmakers peeved by censored version of theatrical movies on streaming platforms
A legal definition that is not open to diverse interpretations may prove elusive. It may be better for the government to first review how well its existing regulations are being followed by digital players.
