SC Issues Notice To Centre Over 'Obscene' Content On OTTs, Cites Responsibility Of Platforms

The Supreme Court on Monday heard a plea seeking regulation of obscene content on online platforms and remarked that Over The Top (OTT) and social media platforms "also have a responsibility".

The court described the issue as an "important concern" and issued notices to both the Centre and the OTT and social media companies, reported India Today.

Photo Credit: PTI

A bench led by Justice B.R. Gavai, who had previously responded to allegations of judicial overreach, emphasised that the court wished to avoid encroaching on the domains of the executive or the legislature.

Notices were issued to the Union Government and to platforms including Netflix, Amazon Prime, AltBalaji, Ullu Digital, Mubi, as well as social media companies X Corp, Google, Meta Inc, and Apple.

"Let Netflix etc. be here as well; they also have a social responsibility," Justice Gavai remarked during the proceedings.

The court noted, "This petition raises an important concern regarding the display of various objectionable, obscene and indecent content on OTT platforms and social media," and added, "The Solicitor General (SG) fairly acknowledges that some of the content reaches the extent of perversity."

The Centre informed the court that certain regulations are already in place and that further measures are under consideration.

During the hearing, Solicitor General Tushar Mehta told the bench, "Some of the content is so perverted that even two respectable men would find it uncomfortable to sit together and watch. Although there is a guideline that the content is meant for 18+ audiences, there cannot be censorship. Some regulations exist, and more are being contemplated."

The petition also called for the establishment of a National Content Control Authority to monitor and regulate content, and for guidelines to curb obscenity on platforms like Facebook, Instagram, YouTube, and Netflix.

The bench informed the Centre that it had previously advised the petitioner that such matters fall within the legislative sphere.

Acknowledging the Centre's submission, the court reiterated its intent to avoid interfering with the domains of the executive and legislature.

"As it is, there are already many allegations that we are encroaching on legislative and executive powers," the Supreme Court noted again, amidst the ongoing controversy over the separation of powers.

Just a week earlier, during a hearing concerning the invocation of Article 355 in Bengal following Waqf-related violence, the Supreme Court had addressed the controversy surrounding claims of judicial overreach into the executive's responsibilities.

During that hearing, Justice Gavai said, "As it is, we are accused of encroaching upon parliamentary and executive functions."

Justice Gavai made these comments while hearing, alongside Justice Augustine George Masih, a plea seeking directions for the Centre to invoke Section 355 (the Centre's duty to protect each state against external aggression and internal disturbance) in violence-affected Bengal.