Supreme Court Flags “Important Concern” Over Sexually Explicit Content on OTT, Social Media Seeks Government Response

In a significant move, the Supreme Court on Monday raised alarm over the growing presence of sexually explicit content on social media and OTT platforms, calling it an “important concern.” The court has sought responses from the Centre and other parties after hearing a petition demanding a ban on the streaming of such material.

A bench comprising Justices B.R. Gavai and Augustine George Masih stressed that handling the issue primarily falls under the legislature and executive. “This is not within our domain. There are already allegations that we are encroaching on legislative and executive powers,” Justice Gavai observed, hinting at recent criticisms directed towards the judiciary.

Solicitor General Tushar Mehta, representing the Centre, assured the court that the government would treat the issue seriously, promising to propose a balanced approach that respects both freedom of speech and constitutional boundaries. He admitted that some of the content currently accessible was not just obscene but “perverse,” highlighting the pressing need for stricter regulation.

The petition, presented by advocate Vishnu Shankar Jain on behalf of the petitioners, pointed to unchecked circulation of pornographic material on social media profiles and OTT platforms, some of which potentially bordered on child pornography. Jain emphasized that the plea was not adversarial but raised a critical public concern.

The Solicitor General further remarked that the youth today are highly exposed to inappropriate material, with content often being so vulgar that it is uncomfortable even for adults to watch together. Despite restrictions that content be labeled for viewers above 18 years, enforcement remains a challenge.

The court reflected on the deepening issue of children’s easy access to mobile phones, with Justice Gavai noting, “They are quite adept… it’s good, provided they reach the right websites.”

The discussion also touched upon the broader political tensions regarding the judiciary’s role, following critical comments from Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey about judicial overreach.

Ultimately, the court decided to issue notices to the Centre, social media firms, and OTT platforms, highlighting that they also bear social responsibility. The official court order recognized the plea’s serious concern about “the display of objectionable, obscene, and indecent content” online.

The petitioners have asked for the creation of a regulatory body, led by a retired Supreme Court judge and field experts, to monitor and certify online content similarly to how films are regulated by the Central Board of Film Certification (CBFC). They also proposed a national study, involving psychologists and mental health experts, to analyze the harmful effects of such content on Indian society.

The plea warned that the continued unchecked spread of such material could severely harm societal values, mental health, and public safety, especially endangering the youth.

News Source : Information for this article was gathered from a variety of reliable news outlets.

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