The Supreme Court on Monday agreed to entertain a Public Interest Litigation (PIL) seeking tighter regulation of obscene content on over-the-top (OTT) platforms and social media, acknowledging the matter raises “serious concerns.”
Bench Issues Notices To Government & Platforms
A two-judge Bench comprising Justice B.R. Gavai and Justice A.G. Masih issued notices to the Union Government as well as key digital content providers. Named in the order were Netflix, Amazon Prime, AltBalaji, Ullu Digital and Mubi on the OTT side, and social media giants X Corp, Google, Meta Inc. and Apple. The case has been tagged with several other similar petitions already pending before the Court.
Petitioners Stress “Genuine Concern”
Advocate Vishnu Shankar Jain, representing the petitioners—including journalist and former Information Commissioner Uday Mahurkar, Sanjeew Newar, Sudeshna Bhattacharjya Mukherjee, Shatabdi Pande and Svati Goyal—clarified that the plea was not motivated by censorship but by a “genuine concern” over “unchecked circulation of obscene content” across digital platforms. Jain argued that the absence of clear thresholds allows increasingly graphic material to reach impressionable audiences without restraint.
Government Urged To Act “Legislatively”
At the Court’s invitation, Justice Gavai turned to Solicitor General Tushar Mehta for a response, quipping, “Yes, Mr Solicitor? Do something… something legislative.” SG Mehta acknowledged sharing many of the petitioners’ misgivings, conceding that current safeguards were insufficient to curb the worst excesses of online content.
SG Mehta On “Perversity” Of Programmes
After examining a sample list of shows flagged by the petitioners, Solicitor General Mehta observed that graphic material had seeped into mainstream programming. He described some programmes as “so perverted that even two respectable men cannot sit together and watch them.” While Mehta rejected calls for blanket censorship, he pressed for a targeted regulatory overlay, noting that although existing mechanisms under the Information Technology Rules were in place, “additional regulations are currently under consideration.”
Court Highlights Need for Stronger Oversight
In its order, the Bench underscored the petition’s central plea:
“This petition raises an important concern with regard to the display of various objectionable, obscene, and indecent contents on OTT platforms and social media.
The Solicitor General fairly states that contents go to the extent of perversity. He submits that certain more regulations are in contemplation.”
The Court has asked the Union Government to file its detailed response and the record of consultations on proposed amendments to the regulatory framework.
Who Brought The PIL?
The original petitioners are:
- Uday Mahurkar, journalist and former Information Commissioner
- Sanjeew Newar, media professional
- Sudeshna Bhattacharjya Mukherjee, public policy expert
- Shatabdi Pande, social activist
- Svati Goyal, communications specialist
They seek clear guidelines to define and prohibit indecent or vulgar content, ensuring that viewers—especially minors—are shielded from harm.
Link To Ranveer Allahabadia Case
Court had recently voiced parallel concerns in the Ranveer Allahabadia (“Beer Biceps”) matter, urging the Union Government to frame rules curbing obscene and indecent digital content. That case involved interim relief and stricter self-regulation commitments by YouTube creators.
The Court has tagged this PIL with related matters and will hear a consolidated list of arguments in the coming weeks. The government’s affidavit and proposed legislative timetable will be crucial in determining whether India’s current self-regulatory model needs statutory reinforcement to protect public morality online.
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