The Supreme Court has called on the government to take action on the rising concern of sexually explicit content across OTT platforms and social media.
In a recent hearing, a bench consisting of Justices BR Gavai and Augustine George Masih issued a notice to the Centre in response to a Public Interest Litigation (PIL) demanding tighter restrictions on such content.
Court’s Stance: A Clear Delegation of Responsibility
The bench made it clear that regulating content is primarily the responsibility of the executive and legislature. “As it is, there are allegations that we are encroaching upon the legislature and executive power… It is not our domain, you do something,” they said.
The court essentially pointed the finger at the government, making it clear that any further action needs to come from them, not the judiciary.
VIDEO | On Supreme Court’s notice to Centre on obscene content on OTT and social media platforms, petitioner’s advocate Vishnu Shankar Jain (@Vishnu_Jain1) says, “In the petition, we raised the issue of indecent, obscene content on OTT and social media, it doesn’t have any check,… pic.twitter.com/YLIfM33LvP
— Press Trust of India (@PTI_News) April 28, 2025
This move highlights the delicate balance between judicial oversight and legislative authority.
The court’s message is clear—while the issue of online obscenity is serious, it’s up to the government to step in and create more robust regulations. The judiciary is taking a step back, leaving it to the executive to manage this hot-button issue.
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Government’s Response: Existing Rules with Potential Updates
In response to the PIL, the Centre informed the court that there are existing regulations in place to address online content concerns.
However, they also acknowledged that additional measures are under consideration. Specifically, the government has been looking into ways to tighten regulations, particularly concerning age-based content classification on OTT platforms.
The petitioners in the PIL had suggested the formation of a National Content Control Authority to regulate online content, particularly obscenity and pornographic material.
However, the government’s position remains that they are already addressing these issues under current rules like the IT Rules of 2021, which mandate that OTT platforms comply with strict ethical guidelines.
The Growing Concern: Unchecked Obscenity and Child Exploitation
The PIL was filed in response to the unchecked proliferation of explicit material across online platforms, and it raised particular alarms over the presence of child pornography. One of the examples cited in the petition was the controversy surrounding influencer Ranveer Allahbadia’s inappropriate comment during an episode of India’s Got Latent on YouTube.
This incident, along with other complaints, has sparked widespread concern among citizens and advocacy groups alike, who fear that the internet is becoming a breeding ground for harmful and explicit content, accessible to anyone with an internet connection.
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Government’s Recent Actions: Steps Toward Stricter Oversight
Recently, the Ministry of Information and Broadcasting issued an advisory to OTT platforms, urging them to adopt stricter age-based content classification. The advisory also emphasized the importance of adhering to the IT Rules 2021, which outline a six-point guideline for ethical content publishing.
These rules focus on maintaining integrity in online content and ensuring that platforms do not indulge in promoting harmful material.
However, critics argue that the enforcement of these guidelines has been lax, and the content control mechanism still has significant gaps. While the IT Rules have been a step in the right direction, their lack of effective implementation is a point of contention.
The Impact on the Industry: Tightening Scrutiny for OTT Platforms
This situation is putting OTT platforms in a tough spot. With the government under pressure to implement more stringent regulations and the judiciary stepping aside, these platforms are likely to face increased scrutiny in the future.
The focus is likely to be on tightening age-gating systems and keeping a closer eye on sensitive content. The impact could be significant for content creators, producers, and viewers alike.
The push for stronger regulations comes at a time when OTT platforms have become the go-to source of entertainment for millions. Balancing freedom of expression with the need to protect vulnerable audiences will be the key challenge for both the government and the industry.
Key Takeaways: What This Means for You
- The Supreme Court has stepped back, urging the government to take the lead on regulating online obscenity.
- The government is already working on stronger regulations but hasn’t yet rolled out any significant changes.
- OTT platforms may soon face stricter content classification and enforcement guidelines.
- The growing concern over unchecked content, including child pornography, remains a major issue for lawmakers.
For the average person, this means a potential shift in how online content is accessed and regulated. While the government considers further steps, viewers could see age restrictions becoming more rigid and content being more closely monitored.
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