The landscape of online entertainment in India is bracing for a potential shake-up as the Supreme Court has voiced serious concerns regarding the unchecked streaming of content on Over-The-Top (OTT) platforms and social media. Observing a significant “social responsibility” that these platforms must shoulder, the apex court on Monday took up a petition demanding a ban on the streaming of sexually explicit material online, signaling a potential tightening of regulations.
A bench comprising Justices B.R. Gavai and Augustine George Masih acknowledged the critical nature of the allegations presented in the plea, which highlights the widespread availability of “objectionable, obscene, and indecent content” and its detrimental impact, particularly on young audiences. The petition argues that the current regulatory mechanisms are insufficient to curb the flow of such material, thereby violating constitutional morality and potentially contributing to an increase in crime rates by polluting young minds.
The petitioners have urged the Supreme Court to direct the central government to establish a “National Content Control Authority.” This proposed body would be responsible for monitoring content across various online platforms, including giants like Facebook, Instagram, YouTube, Netflix, and others, and for formulating stricter guidelines to prevent the dissemination of obscene material.
During the court proceedings, Solicitor General Tushar Mehta, representing the Centre, informed the bench that certain regulatory frameworks are already in place, and the government is actively considering further measures to enhance the oversight of digital content. While acknowledging the government’s efforts, the Supreme Court emphasized the importance of ensuring that OTT and social media platforms fulfill their responsibility in maintaining content standards that align with societal values. The court clarified that it does not intend to interfere with the executive’s policymaking or the legislature’s functions but stressed the need for platforms to be accountable for the content they host.
This development follows previous advisories issued by the Ministry of Information and Broadcasting (MIB) to OTT platforms, urging them to strictly adhere to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules mandate age-based content classification, implementation of access control mechanisms for adult-rated content, and due caution in publishing content. The MIB has also reminded platforms of existing laws like the Indecent Representation of Women Act, 1986, the Bhartiya Nyay Sanhita, 2023, the Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology Act, 2000, which classify the publication of obscene or pornographic content as a punishable offense.
The current petition before the Supreme Court argues that despite these existing rules and repeated complaints to authorities, substantial action to curb the spread of harmful content has been lacking. The affordability and widespread accessibility of the internet have made it alarmingly easy for users of all ages, including minors, to access sexually explicit material without effective monitoring.
To address this perceived regulatory gap, the plea also requests the Supreme Court to consider establishing a committee headed by a retired apex court judge, along with experts, to oversee and certify content on these platforms, similar to the Central Board of Film Certification 1 (CBFC) for films. The petitioners suggest this interim measure until a dedicated law for digital content regulation is enacted. Furthermore, they have sought a directive for the Centre to block access to social media and OTT platforms until a robust mechanism is in place to restrict pornographic content, particularly for minors.
- The Supreme Court is hearing a petition seeking a ban on sexually explicit content on OTT platforms and social media, expressing concerns about its impact on young audiences and societal values.
- The petition calls for the establishment of a “National Content Control Authority” to monitor online content and implement stricter regulations.
- The Centre has informed the court that some regulations are already in place, with more under consideration. The Supreme Court stressed the “social responsibility” of these platforms.
- The petitioners have also requested the formation of a committee to oversee and certify online content, similar to the CBFC, until a specific law is enacted.