SC issues notice to Centre on plea to ban sexually explicit content on OTT

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 PTIA 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 issueThis 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 PTISolicitor General Tushar Mehta appearing for the Centre stated that the government would not treat the matter as adversarial litigationKindly monitor it here We will come out with something which balances the freedom of speech while Article 19 2 is taken care of he saidMehta added that some of the content was not only obscene but also perverserdquo Although certain regulations in this regard already existed he said that additional measures were under contemplationAdvocate 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 overthetop OTT and social media platformsJain said such content was being displayed without any checks or restrictionsMr solicitor you should do something Justice Gavai told MehtaThe law officer stated that children were now more exposed to such materialSome 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 couldnt sit and watch it togetherHe also pointed out that while programmes were supposed to be restricted to viewers aged over 18 years enforcement could not be effectively controlledFurther the bench referred to the use of mobile phones by childrenThey children are quite adapt It is a good thing provided they reach the correct website responded MehtaThe bench observed On the last date itself we had told him Jain that this is for either the legislature or the executiveThis was an apparent reference to the remarks made by VicePresident 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 lawsMehta on Monday reiterated that action was needed to deal with the issueWhen 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 othersLet them be before the court Justice Gavai said as they also have some social responsibilityThe 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 orderThe bench was hearing a plea filed by five petitioners seeking guidelines for the constitution of an authority to prohibit the online dissemination of obscene contentThe 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 pornographySuch 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 saidThe plea warned that if left unchecked the unregulated spread of obscene material could have severe consequences on societal values mental health and public safetyThe petitioners submitted that they had made representations to the competent authorities but to no availThe 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 IndiaThe 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 enactedIt 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 peopleWith PTI inputsatOptionskeyd0ddb8ef8f1a62a8cdd22fac27fc5ea7formatiframeheight90width728params