The Supreme Court on Monday (April 28) issued notices to the Centre, OTT platforms, and social media companies in response to a Public Interest Litigation (PIL) seeking action to curb the streaming of obscene content. A bench comprising Justices BR Gavai and AG Masih noted that the petition raised an issue of “important concern” and sought responses from platforms including Netflix, Amazon Prime, Alt Balaji, Ullu, ALTT, X (formerly Twitter), Meta (formerly Facebook), Google, Mubi, and Apple.
Advocate Vishnu Shankar Jain, appearing for the petitioners, highlighted the lack of regulatory oversight over content circulating on OTT platforms and social media. Solicitor General Tushar Mehta, representing the Centre, acknowledged the issue, remarking that some programmes were so perverse that “even two respectable men cannot sit together and watch them.”
Mehta emphasised that while full censorship is not desirable, greater regulation is necessary and that further regulatory measures are under consideration. Mehta further said, “There is some regulation in place, some is in contemplation.”
In its order, the Court stated, “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.” The bench further noted that the matter falls within the policy domain of the Central government.
Who filed the PIL and what reforms it seeks?
The PIL was filed by Uday Mahurkar, Sanjeev Newar, Sudeshna Bhattacharjya Mukherjee, Shatabdi Pande and Svati Goyal, targeting the distribution of obscene material through OTT platforms.
The petitioners have requested the Supreme Court to direct the Centre to establish an authority or committee, which can be headed by a retired Supreme Court judge and comprising eminent experts, to oversee and certify movies, shows, and web series streamed on OTT platforms and social media, similar to the Central Board of Film Certification (CBFC), until specific legislation is enacted.
Additionally, the PIL seeks directives to prohibit the streaming of sexually explicit, pornographic, paedophilic, incestuous and similar content, including nudity and X-rated scenes on OTT and social media platforms like Netflix, Amazon Prime, Ullu, ALTT, X, Meta, Instagram, and YouTube.
“The unchecked circulation of such material, including child pornography and softcore adult content, has contributed to a rising trend of crimes against women and children while negatively shaping the psychological development of young minds,” the petition said.
The petition argues that the unchecked proliferation of obscene material online could severely impact societal values, mental health, and public safety. The petitioners emphasized that easy access to pornographic and sexually deviant material contributes to an increase in crimes against women and children and adversely affects the psychological development of young minds.
It further urges the Court to direct the government to suspend access to these platforms until effective mechanisms are put in place to restrict pornographic content, especially to protect children and minors.
The petition also called for the establishment of a National Content Control Authority to formulate and enforce guidelines prohibiting sexually perverted content across digital platforms.