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India's Supreme Court Issues Notices Over Obscene Content on OTT Platforms

The Supreme Court of India recently issued notices to the central government and relevant platforms in response to a public interest litigation (PIL) seeking a ban on the streaming of obscene and objectionable content on social media and OTT (on-demand video streaming) platforms.

New Delhi: On Monday, the Supreme Court issued notices to the central government, OTT, and social media platforms following a significant PIL demanding action to curb the streaming of obscene content. The bench comprising Justices B.R. Gavai and A.G. Massiah observed that the issues raised in the petition were serious and necessitate regulation of obscene material on these platforms.

The Supreme Court directed Netflix, Amazon Prime, Alt Balaji, Ullu, ALTBalaji, X (formerly Twitter), Meta Inc., Google, Mubi, Apple, and other related companies to respond to the case.

Significance of the Supreme Court Notice and the Petition

During Monday's hearing, the Supreme Court issued notices to the central government and social media/OTT platforms. The court sought responses from Netflix, Amazon Prime, Alt Balaji, Ullu, ALTBalaji, X (formerly Twitter), Meta Inc., Google, Mubi, Apple, and others. This significant step by the Supreme Court focuses on obscene content broadcast on these platforms. The court expressed serious concern regarding the unregulated dissemination of objectionable material on these platforms.

Senior advocate Vishnu Shankar Jain, representing the petitioner, argued that OTT platforms are broadcasting obscene content to an unacceptable extent, negatively impacting society. He highlighted that the content on these platforms, lacking adequate oversight, is not only objectionable but also negatively affects children and young people.

Key Aspects of the Petition

The petition urges the central government to take concrete steps to curb the streaming of sexually explicit, obscene, child sexual abuse, and other objectionable content on OTT platforms and social media. The petition emphasizes the detrimental impact of such content on children and adolescents, advocating for immediate action.

The petitioners argued that obscene films, graphic nudity, and X-rated content on these platforms negatively affect moral values in Indian society. Furthermore, these platforms are seen as acting against India's cultural ethos and family values.

The Central Government's Stance

Solicitor General Tushar Mehta, representing the central government, stated that while censorship is opposed, some regulation is necessary. He acknowledged that government agencies have issued warnings about objectionable content on several occasions, but this is insufficient. He added that the government is taking steps in this direction and several regulations are under consideration.

The Solicitor General also mentioned that the central government has already taken some steps, but the matter is serious and requires stricter regulation. He urged the court for a speedy hearing to mitigate the negative impact spreading through society.

The Supreme Court's Stance

The Supreme Court, considering this a policy matter, expects the central government to take immediate action. The court clarified that this issue falls under the central government's purview and should be resolved at the policy level. The court also emphasized the need for serious consideration, as it involves significant questions regarding the social and moral fabric of society.

The bench stated that the issue raised in the petition is crucial not only from a legal and administrative standpoint but also concerns the well-being of various segments of society. The court sought a response from OTT and social media platforms and directed them to submit their replies before the next hearing.

The Need for Regulation of OTT Platforms

The need for regulation of OTT platforms has been a subject of discussion for several years. These platforms have expanded their presence in India and attracted millions of users. However, several platforms have faced controversies surrounding the broadcast of contentious content involving sensitive subjects like obscenity and rape.

Concerns regarding the dissemination of obscene and violent content on social media and OTT platforms have been raised previously, but the Supreme Court's intervention now increases the likelihood of concrete action being taken.

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