SC issues notice on plea to regulate explicit content on social media, OTT platforms

A bench of Justices B.R. Gavai and A.G. Masih issued a notice to the Centre, observing that the petition raised an issue of “important concern” with regard to the display of objectionable, obscene and indecent contents on social media and OTT platforms.

Apart from the Union government, notices were issued to Netflix, Amazon, Ullu, ALTT, MUBI, Google, X Corp (formerly Twitter), Apple and Meta.

The Justice Gavai-led Bench suggested that the Centre take more legislative actions to check the unabated circulation of obscene content on social media and OTT platforms.

In response, Solicitor General Tushar Mehta, the second highest law officer of the Union government, said that some regulations are already in place and more are under contemplation.

Issuing notice, the apex court decided to tag the plea with similar pending petitions.

The public interest litigation (PIL) said the unabated circulation of obscene, sexually deviant/perverted, pedophilic, bestiality content, including child pornography and soft-core adult content, has contributed to a rising trend of crimes against women and children while negatively shaping the psychological development of young minds.

“If left unchecked, this unregulated spread of obscene material could have severe consequences on societal values, mental health and public safety,” said the plea filed through advocate Path Yadav.

The petition pointed out that the petitioners had sent several representations/complaints before the authorities, but have not yielded any effective result.

It claimed that the government, despite being fully aware of the gravity of this situation, has failed to take any significant steps to regulate this menace. “The lack of effective oversight has allowed these platforms to promote content that fosters unhealthy and perverse tendencies, particularly among impressionable youth. This uncontrolled exposure to explicit material has serious consequences. The constant consumption of such content alters perceptions of sexuality, fuels deviant behaviours and contributes to rising incidents of sexual offences against women and children,” added the petition.

Further, it said that young individuals, particularly children and teenagers, are increasingly becoming vulnerable to the psychological impact of such exposure, which can lead to a normalisation of sexual violence, objectification of women, and distorted views on human relationships.

Referring to Article 38 of the Constitution, the PIL said that it is the duty of the government to enact a law for the ‘welfare’ of the people and to protect the ‘social order’.

The social order can be maintained only when the dirty and pornographic contents are effectively prevented from being disseminated freely in the society at large, contended the petition.

It contended that unrestrained streaming of sexually perverted content on OTT and various social media platforms, which is available to one and all round the clock through mobile phones, is leading to serious sexual crimes against women and children.