SC seeks response from Centre on plea seeking ban on sexually explicit content on OTT, social media platforms

The bench was hearing a plea filed by five petitioners seeking guidelines for the constitution of an authority to prohibit the online dissemination of obscene content. Representational pic

The Supreme Court on Monday termed it an "important concern" and sought responses from the Centre and others on a plea seeking a ban on the streaming of sexually explicit content on OTT and social media platforms, reported PTI.

A bench of Justices BR Gavai and Augustine George Masih observed that it was either for the legislature or the executive to introduce measures to address the issue.

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"This is not within our domain. As it is, there is lot of allegation that we are encroaching upon the legislative and executive powers," Justice Gavai said, in an apparent reference to recent attacks on the judiciary, reported PTI.

Solicitor General Tushar Mehta, appearing for the Centre, stated that the government would not treat the matter as adversarial litigation.

"Kindly monitor it here. We will come out with something which balances the freedom of speech while (Article) 19 (2) is taken care of," he said.

Mehta added that some of the content was not only obscene but also "perverse". Although certain regulations in this regard already existed, he said that additional measures were under contemplation.

Advocate Vishnu Shankar Jain, appearing for the petitioners, submitted that it was not adversarial litigation and that the plea raised a serious concern over such content on over-the-top (OTT) and social media platforms.

Jain said such content was being displayed without any checks or restrictions.

"Mr solicitor, you should do something," Justice Gavai told Mehta.

The law officer stated that children were now more exposed to such material.

"Some of the things which are in regular programmes, the language, the contents... is of such a nature that it is not only vulgar, it is perverse," he said, adding that some of the content was so perverse that even "two respectable men couldn't sit and watch it together".

He also pointed out that while programmes were supposed to be restricted to viewers aged over 18 years, enforcement could not be effectively controlled.

Further, the bench referred to the use of mobile phones by children.

"They [children] are quite adapt. It is a good thing, provided they reach the correct website," responded Mehta.

The bench observed, "On the last date itself, we had told him [Jain] that this is for either the legislature or the executive."

This was an apparent reference to the remarks made by Vice-President Jagdeep Dhankhar and Bharatiya Janata Party (BJP) lawmaker Nishikant Dubey against the judiciary, reported PTI. Dhankhar had questioned the judiciary for setting timelines for the President to make decisions and acting as a "super Parliament", saying the Supreme Court could not fire a "nuclear missile" at democratic forces. Soon after, the BJP Member of Parliament (MP) stated that Parliament and assemblies should be shut if the apex court were to make laws.

Mehta on Monday reiterated that action was needed to deal with the issue.

When the bench offered to issue notice on the plea for responses from the Centre and others, including some OTT and social media platforms, Mehta said it might not be necessary to issue notice to others.

"Let them be before the court," Justice Gavai said, "as they also have some social responsibility."

"The present petition raises an important concern with regard to the display of various objectionable, obscene and indecent contents on OTT platforms and social media," the bench recorded in its order.

The bench was hearing a plea filed by five petitioners seeking guidelines for the constitution of an authority to prohibit the online dissemination of obscene content.

The plea claimed that there were pages and profiles on social media sites sharing pornographic material without any filter and that various OTT platforms were streaming content containing elements of child pornography.

"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," it said.

The plea warned that if left unchecked, the unregulated spread of obscene material could have severe consequences on societal values, mental health, and public safety.

The petitioners submitted that they had made representations to the competent authorities but to no avail.

The plea sought directions to the Centre to stop access to social media and OTT platforms until a mechanism was put in place to bar access to pornographic content, particularly for children in India.

The petitioners further urged the top court to constitute a committee headed by a retired apex court judge along with experts in the field to oversee and certify content for publishing or streaming, on the lines of the Central Board of Film Certification, until a regulatory law was enacted.

It also sought the appointment of a panel of psychologists recognised by the Rehabilitation Council of India, alongside other experts, to conduct a nationwide study and submit a report on the adverse impact of sexually explicit content on people.

(With PTI inputs)