SC Seeks Centre’s Reply on Banning Explicit OTT Content
A bench of Justices B R Gavai and Augustine George Masih said the petition raises an important concern and the issue was within the domain of the executive or the legislature.
New Delhi: The Supreme Court on Monday issued notices to the Centre and other respondents on a petition seeking a ban on streaming sexually explicit material on over-the-top (OTT) and social media platforms, terming it an “important concern.”
A bench comprising Justices B.R. Gavai and Augustine George Masih underscored that regulation of online content falls within the legislature’s or executive’s remit. “This is not within our domain,” Justice Gavai observed, alluding to recent criticisms that the judiciary was overstepping its powers. He referenced remarks by Vice-President Jagdeep Dhankhar, who likened the Court to a “super Parliament” and BJP MP Nishikant Dubey’s suggestion that Assemblies might be redundant if the Court legislated.
The petition, filed by five individuals, seeks guidelines to establish an authority empowered to curb online dissemination of obscene content. Solicitor General Tushar Mehta, appearing for the Centre, assured the bench that the government would propose measures balancing freedom of speech with permissible restrictions under Article 19(2). He described some OTT material as “not only vulgar but also perverse” and warned of children’s easy access to such content.
Advocate Vishnu Shankar Jain, for the petitioners, emphasised that the litigation was non-adversarial and aimed solely at safeguarding viewers. The Court will now await formal responses before scheduling further hearings.