The Supreme Court on Monday expressed concern over the increasing spread of obscene content on OTT platforms and social media, urging the Centre to take legislative measures to address the issue.
The 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 PIL seeks regulation of explicit content being circulated online without proper oversight. Notices were issued to the Centre as well as major platforms including Netflix, Amazon Prime, AltBalaji, Ullu Digital, Mubi, and social media giants like X Corp (formerly Twitter), Google, Meta (formerly Facebook), and Apple.
Advocate Vishnu Shankar Jain, appearing for the petitioners, emphasised that the matter was not adversarial but raised a pressing societal concern. He highlighted the unrestricted spread of obscene material across digital platforms.
During the hearing, Solicitor General Tushar Mehta acknowledged the gravity of the situation, stating that some content available is so extreme that it would be uncomfortable for two respectable individuals to watch together. Mehta noted that while certain regulations already exist, additional measures are under active consideration. Urging immediate action, Justice Gavai told Mehta, "Do something... something legislative."
In its order, the bench noted, "This petition raises an important concern regarding the display of various objectionable, obscene, and indecent contents on OTT platforms and social media. The Solicitor General fairly states that the content sometimes crosses into perversity."
The PIL, filed earlier this year, warned that unrestricted access to sexually explicit, perverted, and even illegal content such as child pornography, incestuous material, and bestiality poses a significant threat to society’s moral foundation and public safety. The petitioners argued that this unchecked content could severely impact the psychological development of young minds and contribute to a rise in crimes against women and children.
Despite previous complaints and representations to the authorities, the petitioners said, little effective action has been taken. They alleged that platforms like X, Instagram, Meta, Netflix, Amazon Prime, and Ullu continue to facilitate and broadcast explicit content without proper regulation, risking the welfare of vulnerable populations, particularly youth.
The plea stressed that the constant exposure to such material fosters unhealthy perceptions of sexuality, encourages deviant behavior, and fuels the increasing incidence of sexual crimes.
As the case proceeds, the Centre is expected to outline its ongoing and planned regulatory efforts, while the Court has clearly indicated that it sees legislative intervention as necessary to tackle the growing menace.