Supreme Court flags OTT, social media obscenity; stricter regulations soon

The Supreme Court has issued notices to Netflix, Amazon Prime, AltBalaji, Ullu, Mubi, and social media platforms over obscene content concerns, with the Centre informing that new regulations to control such material are under consideration. 

The Supreme Court on Monday, April 28, agreed to hear a plea seeking stricter regulation of obscene and indecent content on OTT platforms and social media. The Court noted that the issue raised “serious concerns” needing urgent attention.

A bench of Justice B.R. Gavai and Justice A.G. Masih issued notices to the Union Government as well as major OTT platforms including Netflix, Amazon Prime Video, AltBalaji, Ullu Digital, and Mubi. It also sent notices to social media giants X Corp (formerly Twitter), Google, Meta Inc (which owns Facebook and Instagram), and Apple.

The petition was filed by journalist and former Information Commissioner Uday Mahurkar, along with Sanjeew Newar, Sudeshna Bhattacharjya Mukherjee, Shatabdi Pande, and Svati Goyal. Advocate Vishnu Shankar Jain, representing the petitioners, told the Court that the issue was not adversarial but raised a genuine public concern about unregulated circulation of obscene material, especially on social media.

Justice Gavai, during the hearing, directly asked the Union Government to act. “Yes, Mr Solicitor? Do something... something legislative,” Justice Gavai said to Solicitor General Tushar Mehta.

Responding, SG Tushar Mehta agreed that the concerns were genuine. He informed the court that after reviewing the list of objectionable programs submitted by the petitioners, it was clear that obscene content was present even in regular shows. Some shows were so perverse, he remarked, that "even two respectable men cannot sit together and watch them."

While making it clear that complete censorship is not being sought, Mehta emphasized that some degree of regulation is necessary. "There is some regulation in place, and more is under contemplation," he told the Court.

In its order, the Supreme Court said:

"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 learned Solicitor General fairly states that contents go to the extent of perversity. He submits that certain more regulations are in contemplation."

This case comes shortly after the Supreme Court, while hearing the Ranveer Allahabadia matter, also urged the government to consider stronger regulations on obscene content being streamed online.

Currently, OTT platforms operate under a self-regulation model established in 2021. However, critics argue that the system lacks effective enforcement, allowing vulgar and harmful material to spread easily.

The court’s intervention now places leading global and Indian platforms under pressure to explain their content policies. It also signals a possible shift toward stricter oversight of online entertainment and social media content in India in the near future.

The matter will be taken up again after receiving responses from the Union Government and the platforms.