Centre Mulling Regulations To Curb Obscenity On OTT, Social Media Platforms

Centre Mulling Regulations To Curb Obscenity On OTT, Social Media Platforms

SUMMARY

The Supreme Court has raised concerns over obscene content on OTT platforms and social media, calling it a "serious issue"

With this, the Centre is considering introducing additional regulations

The bench issued notices to the Union government and platforms including Netflix, Amazon Prime, AltBalaji, Ullu, Mubi, X, Google, Meta, and Apple

The Centre is mulling new regulations to check obscenity on OTT and social media platforms, Solicitor General Tushar Mehta told the Supreme Court.

The SC was hearing a public interest petition (PIL) against display of obscene and objectionable content on these platforms. Calling it a serious issue, a bench of Justices BR Gavai and AG Masih issued notices to the Union government and platforms like Netflix, Amazon Prime, AltBalaji, Ullu, Mubi, X, Google, Meta, and Apple, Live Law reported.

Representing the Centre, Mehta said that some programmes are so explicit that “two respectable men cannot sit together and watch them”. He stressed the need for regulation without enforcing blanket censorship.

Mehta added that while some regulations are in place, some are in contemplation to address the issue.

The petition, led by journalist and former information commissioner Uday Mahurkar, said that the spread of unregulated obscene content online needs urgent checks.

Justice Gavai remarked that OTT platforms also have a social responsibility and urged the government to take legislative steps if needed.

“This petition raises an important concern with regard to the display of various objectionable, obscene and indecent contents on OTT platforms and social media. Learned Solicitor General fairly states that contents go to the extent of perversity. He submits that certain more regulations are in contemplation,” the bench said.

The SC has tagged the case with similar pending petitions.

Calls For Regulating Digital Content

With rising digitisation and access to smartphones, there have also been complaints about the rise of obscene, vulgar and abusive language content online.

Following the uproar caused by YouTuber Samay Raina’s show ‘India’s Got Latent’ earlier this year, the information and broadcasting ministry (MIB) directed OTT streaming and social media platforms to adhere to the code of conduct prescribed under the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021.

At the time, the ministry also directed the OTT platforms to not transmit any content which is prohibited by law, undertake age-based classification of content, and implement access control mechanisms for ‘A’ rated content so that children have no access to such content. 

Following this, it was also reported that the Centre was mulling introducing an ethics code for digital creators with more than 5 Mn followers.

Last year, the Centre blocked 18 OTT platforms, including Uncut Adda, Dreams Films and Prime Play, for publishing obscene, vulgar, and in some instances pornographic content.

In March 2024, the commission for protection of child rights asked the electronics and IT ministry to take action against Ullu for its “objectionable content”.

Note: We at Inc42 take our ethics very seriously. More information about it can be found here.

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