SC Flags Obscenity Concerns on OTT, Social Media; Asks Centre for Legislative Action

New Delhi: The Supreme Court on Monday voiced serious concerns regarding the proliferation of obscene content on Over-The-Top (OTT) platforms and social media, urging the Central government to take legislative measures to address the issue.

A bench comprising Justices B R Gavai and A G Masih was hearing a Public Interest Litigation (PIL) filed by journalist and former information commissioner Uday Mahurkar and others. The court issued notices to the Centre and major OTT platforms including Netflix, Amazon Prime, AltBalaji, Ullu Digital, and Mubi, as well as social media giants X Corp (formerly Twitter), Google, Meta Inc (formerly Facebook), and Apple.

Advocate Vishnu Shankar Jain, representing the petitioners, emphasized that the PIL was not adversarial but aimed at raising a genuine societal concern about unrestricted objectionable content online. He pointed out that such content was freely circulating on social media without adequate restrictions.

Responding to this, Justice Gavai directed Solicitor General Tushar Mehta, appearing for the Centre, to “Do something… Something legislative.” Mehta acknowledged the gravity of the issue, stating that some of the content, even within regular programs, was “so perverted that even two respectable people cannot sit and watch them together.” While noting that there shouldn’t be censorship, Mehta assured the court that “there is some regulation in place, some is in contemplation.”

In its order issuing notice, the bench 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. Learned Solicitor General fairly states that the contents go to the extent of perversity. He submits that certain more regulations are in contemplation.”

The PIL, filed in March, highlighted the “urgent and growing societal concern” posed by unrestricted access to obscene, sexually perverted, paedophilic, incestuous, bestiality, and other pornographic content online. It argued that this issue, once a personal vice, has become widespread, permeating all digital platforms. The plea warned that the unregulated spread of such material could have severe consequences on societal values, mental health, and public safety, contributing to a rise in crimes against women and children and negatively impacting the psychological development of young minds.

The petitioners stated that despite representations to competent authorities, no effective action had been taken. They pointed out that social media giants and OTT platforms were openly facilitating the dissemination of explicit content without adequate oversight, leading to the promotion of unhealthy and perverse tendencies, particularly among impressionable youth.

The court’s acknowledgment of the concerns and its directive to the Centre for legislative action signal a potential move towards stricter regulation of content on digital platforms in India.