On Monday, the Supreme Court called “important concern” and sought answers from the center and others in search of a ban on transmitting sexually explicit content on OTT media platforms and social media. A bank of Judges BR Gavai and Augustine George Masih said it was for the Legislature or the Executive launch measures to deal with the issue.
“This is not in our domain. As it is, there is much claim that we are invading legislative and executive powers,” said Judge Gavai in an apparent reference to recent attacks on the judiciary.
The lawyer -General Tushar Mehta, who appears in the center, said the government would not consider him an adversary dispute. “Please monitor here. We will launch something that balances freedom of expression while (article) 19 (2) is resolved,” he said.
Mehta said some of the contents were not only obscene, but also “wicked.” Although some regulations in this regard existed, he said certain others were in contemplation.
Lawyer Vishnu Shankar Jain, appearing to the petitioners, said it was not an opponent litigation and the appeal raised a serious concern about this content at the top (OTT) and social media.
Jain said this content was displayed without checks or restrictions. “Lord request, you should do something,” Judge Gavai told Mehta. The law officer said the children were more exposed to all this today.
“Some of the things that are in regular programs, language, content … They are of such a nature that is not just vulgar, it’s wicked,” he said.
Mehta said some of the content was so wicked until two respectable men could not sit together and watch together. He said the only condition was that these programs were for viewers over 18, but they cannot be controlled.
The bank referred to the use of cell phones by children. “They (children) are quite adapted. It’s a good thing as long as they reach the right site,” said Mehta.
The bank noted, “At the last date, we told him (Jain) that this is for the legislature or the executive.” The apparent reference was to the remarks of Vice -President Jagdeep Dhankhar and Deputy BJP Nishikant Dubey against the judiciary.
Dhankhar questioned the judiciary who established a timeline for the president to make decisions and act as a “super parliament”, saying that the Supreme Court cannot fire a “nuclear missile” against democratic forces.
Soon after, BJP deputy Nishikant Dubey said Parliament and Assemblies should be closed if the Apex Court had to make laws.
Mehta on Monday said something was necessary to deal with the subject. When the bank offered to issue a warning of the center and others’ response request, including some OTT and Social Media platforms, Mehta said it may not be necessary.
“Let them be facing court,” said Judge Gavai, “how they also have some social responsibility.” “The present petition raises an important concern regarding the display of various censurable, obscene and indecent content on OTT platforms and social media,” he recorded in his order.
The bank was listening to an appeal presented by five petitioners who sought guidelines to constitute an authority to prohibit the on -line dissemination of obscene content.
The appeal claimed that there were pages and profiles on social media sites sharing pornographic material without filter and several OTT platforms were transmitting content with potential elements of child pornography.
“This sexually deviant material pollutes the minds of youth, children and even adult people who give rise to perverted and unnatural sexual trends, leading to an increase in crime rate,” he said.
The request said that if not controlled, unregulated dissemination of obscene material may have serious consequences on social values, mental health and public safety.
The petitioners claimed to have made representations to the competent authorities without success. The request sought the center to stop access to social media and OTT platforms until they formulated a mechanism to prevent access to pornographic content, especially for children in India.
The petitioners, therefore, asked the Court of Court to constitute a committee led by a judge and experts of the court of Apex retired in the field to supervise and certify to publish or transmit content on the lines of the Central Certification Council until a law is promulgated to regulate.
He also sought a panel of psychologists recognized by the India Rehabilitation Council and other experts to conduct a national study and send a report on the adverse impact of sexually explicit content on people.