The Supreme Court is scheduled to hear a petition on April 28 seeking a prohibition on the streaming of sexually explicit content on OTT platforms and social media. The plea, filed by an organization, argues that the widespread availability of such material adversely affects young audiences and violates constitutional morality. It calls for the implementation of stricter regulatory mechanisms for online platforms.
The bench of Justices B.R. Gavai and Augustine George Masih will take up the matter, which also raises broader concerns about the oversight of digital content.
The plea has sought laying down of guidelines constituting a National Content Control Authority to prohibit sexually explicit content on these platforms.
It said, “Such sexually deviant material pollute the minds of youth, children and even grown up persons which gives rise to perverted and unnatural sexual tendencies thereby leading to an increase in the crime rate.” It claimed 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 has potential elements of child pornography.
If left unchecked, the plea added that the unregulated spread of obscene material could have severe consequences on societal values, mental health and public safety.
Earlier, it was argued that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, though in place, were not sufficient to curb the widespread access to sexually explicit material. The plea seeks stronger, more effective measures to safeguard users, especially vulnerable groups, from exposure to harmful content.
In February, the Ministry of Information and Broadcasting (MIB) issued its second advisory directing OTT platforms to comply with regulations and refrain from publishing obscene, pornographic, or vulgar content on online curated content (OTT platforms) and social media.
Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, provides a Code of Ethics for OTT platforms and establishes a three-tier institutional mechanism for addressing grievances related to violations of the Code of Ethics. The Code of Ethics requires OTT platforms to ensure that no prohibited content is transmitted, implement age-based content classification based on the guidelines outlined in the Rules, enforce access control mechanisms for “A”-rated content to prevent children from viewing such material, and exercise due caution and discretion.
Additionally, the Rules mandate that the self-regulatory bodies of OTT platforms oversee and ensure compliance with the Code of Ethics. Attention is also drawn to the provisions of the Indecent Representation of Women Act, 1986; the Bhartiya Nyay Sanhita (BNS), 2023; the Protection of Children from Sexual Offenses (POCSO) Act; and the Information Technology (IT) Act, 2000, which classify the publication of obscene or pornographic content as a punishable offense.
The latest petition states that despite sending multiple representations and complaints to the concerned authorities, no substantial action has been taken. It argues that the affordability and widespread accessibility of the internet have made sexually explicit material easily available to users of all ages, without effective monitoring.
Additionally, it requests the Supreme Court to set up a committee headed by a retired apex court judge, along with experts, to oversee and certify content on these platforms, similar to the Central Board of Film Certification (CBFC), until a dedicated law is framed. It has sought a directive to the Centre to block access to social media and OTT platforms until a robust mechanism is put in place to restrict pornographic content, particularly for minors.