Obscenity on OTT platforms: Supreme Court issues notice to Netflix, Amazon Prime, X, Google and Apple
Expressing concern over the obscenity in content on OTT platforms and social media, the Supreme Court on Monday issued notice to the Centre and OTT platforms Netflix, Amazon Prime, AltBalaji, Ullu Digital, Mubi, and social media platforms X Corp, Google, Meta Inc and Apple.
A bench comprising Justices B R Gavai and A G Masih in its order said, “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 contents go to the extent of perversity. He submits that certain more regulations are in contemplation.”
During a brief hearing, Justice Gavai said, “Social media platforms do have a social responsibility to appear before the court.”
The bench said the petition raises a significant concern and the issue falls within the domain of either the executive or the legislature. "As it is, there are allegations that we are encroaching upon the legislature and executive power," Justice Gavai said, adding these days even a small child is given a mobile phone to see, which is very dangerous if no regulation is in place.
The top court was hearing a petition seeking directions to the Centre to ban the streaming of obscene online content.
Advocate Vishnu Shankar Jain, appearing for the petitioners told the bench that the matter was not an adversarial litigation and is raising a genuine concern and highlighted the issue of content circulating on social media without any form of regulation or checks.
Solicitor General Tushar Mehta appearing for Centre said that he also shared some of the concerns expressed by the petitioners after going through the list of programmes they submitted, and said that obscene content was present even in some regular programmes.
“Some programmes are so perverted that even two respectable men cannot sit together and watch them,” SG added. While agreeing that there should not be censorship, he said some degree of regulation was necessary.
The top court was hearing a plea filed by five petitioners who have also sought the creation of a National Content Control Authority to oversee and regulate content on OTT and social media platforms more stringently.
The plea alleged that there were pages or profiles on social media sites that were disseminating pornographic materials without any filter and various OTT platforms were streaming content that also had potential elements of child pornography.
The plea expressed concerns that if left unchecked, the unregulated spread of obscene material could have severe consequences on societal values, mental health and public safety.
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