Supreme Court Seeks Centre's Response on Plea to Regulate Sexually Explicit Content on OTT, Social Media

Bench Calls It a “Serious Concern,” Urges Government Action

New Delhi, April 29 — The Supreme Court of India has sought a response from the central government and relevant parties on a petition demanding the regulation of sexually explicit content on over-the-top (OTT) platforms and social media. Terming it an “important concern,” a bench comprising Justices B.R. Gavai and Augustine George Masih noted that the issue falls primarily within the domain of the legislature and the executive.

“This is not within our domain. As it is, there is a lot of allegation that we are encroaching upon legislative and executive powers,” Justice Gavai observed during the hearing.

Government Promises to Address the Issue

Solicitor General Tushar Mehta, appearing for the Centre, assured the court that the government does not view the case as adversarial litigation and will work towards a balanced solution that respects freedom of speech while safeguarding societal interests. He emphasized the gravity of the situation, stating that some online content is not only obscene but also “perverse,” warranting urgent regulatory measures.

Mehta highlighted the exposure of children to inappropriate material and stressed that existing regulations were inadequate. He added that further guidelines and regulatory frameworks are currently under consideration.

Petition Highlights Risks to Youth and Public Safety

The plea, filed by five petitioners, raised alarms over the unrestricted availability of pornographic and sexually explicit material on social media and OTT platforms. Petitioners argue that such unregulated dissemination fosters deviant behavior, adversely affecting youth, societal values, mental health, and public safety.

The petition requested the Supreme Court to:

• Formulate guidelines to constitute an authority to regulate obscene content online.

• Suspend access to social media and OTT platforms until a content filtration mechanism is established.

• Create a certification system akin to the Central Board of Film Certification (CBFC) to oversee online content.

• Commission a nationwide study by psychologists and experts to evaluate the impact of sexually explicit content.

The court recorded in its order that the petition raises an “important concern regarding the display of various objectionable, obscene, and indecent content” and decided to issue notices to the Centre and several digital platforms for their responses.

Broader Context: Judicial Overreach Debate

The case arrives amid heightened debates about the judiciary’s role vis-à-vis legislative and executive powers. Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey recently criticized the judiciary for allegedly overstepping its bounds, igniting a broader national conversation on the separation of powers.

Despite the political backdrop, the court signaled its willingness to supervise the matter until an appropriate legislative or executive action is taken to address this growing digital content challenge.