On Monday, a Supreme Court bench comprising Justice B.R. Gavai and Justice A.G. Masih heard a Public Interest Litigation (PIL) seeking regulation of online content on OTT platforms such as Netflix, Amazon Prime Video, Alt Balaji, and others, citing the availability of obscene material.
Justice Gavai noted that the PIL raises an important concern regarding the display of objectionable, obscene, and indecent content on OTT and social media platforms. The court issued notices to the respondents in the case, including Netflix, X Corp, Amazon Prime Video, Alt Balaji, Ullu Digital, Mubi, Google, Apple, Meta, and others.
Solicitor General Tushar Mehta supported the petitioner, stating that the content available on OTT platforms is not only vulgar but perverse in nature. He emphasized that children are now accessing such content, noting that kids as young as 7 or 8 years old often have access to mobile phones and, consequently, to vulgar material. Mehta also mentioned that while certain regulations exist to monitor OTT content, there is a pressing need to further address issues of vulgarity and obscenity on OTT and social media platforms.
During an earlier hearing on April 25, the bench had expressed reluctance to hear the matter. Justice Gavai commented, “How can we…? It’s a policy issue. It’s for the Union to frame regulations. As it is, we are criticized for interfering with executive and legislative functions.” The court had remarked that it would dismiss the case after hearing it on the next date.
The petition claimed that pages and profiles on social media sites were distributing pornographic material without any filters and that various OTT platforms were streaming content that could include elements of child pornography. “Such sexually deviant material pollutes the minds of youth, children, and even adults, leading to perverted and unnatural sexual tendencies and contributing to a rise in crime,” the plea stated.
The petition urged the Supreme Court to form a committee headed by a retired Supreme Court judge, along with other eminent experts, to oversee and certify content published or streamed on OTT and social media platforms, similar to the role of the Central Board of Film Certification, until a specific law is enacted.
It also sought the formation of an expert committee comprising reputed psychologists recognized by the Rehabilitation Council of India, along with other specialists, to conduct a study and submit a report evaluating the adverse effects of sexually explicit content on consumers and its broader impact on society.
In October 2024, a different bench led by former Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, had dismissed another petition seeking the establishment of a board to regulate OTT content and film releases, clarifying that this, too, was a matter of policy.