The Supreme Court has issued a notice to the central government and relevant companies regarding a petition that seeks a ban on the streaming of obscene content on Over The Top (OTT) and social media platforms. The court repeated that the issue is of serious concern, urging the government to take action.
The top court however also mentioned that the matter falls within the jurisdiction of the executive or legislature, acknowledging concerns that the judiciary might be overstepping into their domain.
Despite this, the court decided to issue a notice to proceed with the case.
In response, the government pointed out that existing rules already govern the content on OTT and social media platforms, and it is currently evaluating the implementation of new regulations.
The petition, filed in the Supreme Court, calls for the establishment of a National Content Control Authority and the creation of clear guidelines to regulate content on digital platforms.
Obscene content is a threat to society The petition states that social media sites are serving obscene content without any filter. Many OTT platforms also have elements of child pornography.
Such content pollutes the minds of youth, children, and even adults. It promotes perverted and unnatural sexual tendencies, which increases the crime rate.
The petition further stated,
“Due to internet access and low prices, it has become easy to reach obscene content to users of all ages without any scrutiny. Unrestricted obscene content can pose a threat to public safety. If restrictions are not imposed on this, there could be serious consequences on social values and people’s mental health”
“It is the demand of the time that the government fulfills its constitutional duty and protects social morality. It should ensure that digital platforms do not become places that give rise to perverted mindsets”
The petitioner has requested the Supreme Court to direct the central government to restrict people’s access to social media and OTT platforms until such platforms develop a system to openly restrict pornographic content in India, especially for children and minors.
Demand to form a committee for monitoring OTT platforms The petition appeals for the formation of a committee under the chairmanship of a retired Supreme Court judge.
It demands the inclusion of major experts in this field, who will work on monitoring and certifying the publication or streaming of content on OTT and social media platforms, similar to the Central Board of Film Certification, until a law is enacted to regulate it.
It also demands the formation of an expert committee of well-known psychologists and experts recognised by the Indian Rehabilitation Council.
This committee will present a report to evaluate the impact on people who watch obscene content and its effects on society after studying across the country.
OTT platforms created a self-regulation code in 2020 In the year 2020, 15 OTT platforms including Netflix and Amazon Prime Video created a self-regulation code. The Internet and Mobile Association of India (IAMAI) stated that this regulation code will focus on distributing content for people of different ages and serving appropriate content for viewers.
Central Government to introduce Digital India bill Meanwhile, the central government is planning to introduce the Digital India Bill in place of the existing IT Act. The purpose of this new law is to curb obscenity on social media.
The government has been working on this bill for 15 months, where the aim is to regulate YouTubers and digital content creators. it will also include specific rules for various sectors such as telecommunications, IT and media.
Current government guidelines on online content The Government of India formulated The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules in 2021. It was updated on April 6, 2023. The 30-page guidelines outline rules for social media, films, and web series.
On page number 28, there are general guidelines for films, web series, and entertainment programs. It is necessary to categorise based on the target audience. It is also important to provide a warning about the content being shown.
According to the guidelines, OTT and social media platforms must appoint grievance officers. Content should comply with the law. It should not contain sex, be anti-national, or be harmful to children and women. Bhaskar English