Photo credit: www.gadgets360.com

Supreme Court Calls for Regulations on Explicit Content in Media

The Supreme Court, in a recent hearing, emphasized the significance of addressing concerns over sexually explicit content available on over-the-top (OTT) and social media platforms. A bench comprising Justices B R Gavai and Augustine George Masih requested responses from the Central Government and various stakeholders regarding a petition advocating for a ban on such content.

Justice Gavai highlighted the limitations on the court’s authority, suggesting that it is the responsibility of the legislature or executive to devise suitable measures. He noted the ongoing criticism aimed at the judiciary for allegedly encroaching on legislative and executive domains.

Representing the government, Solicitor General Tushar Mehta expressed a willingness to engage constructively on the matter. “We aim to find a middle ground that respects freedom of speech while addressing concerns outlined in Article 19(2),” he stated. Mehta articulated that certain existing regulations might fall short and acknowledged the need for additional measures to combat what he described as not only obscene but also “perverse” content.

Advocate Vishnu Shankar Jain, representing the petitioners, underscored the pressing nature of the issue, which revolves around unrestricted access to explicit materials online. Justice Gavai urged the Solicitor General to take action, particularly in light of children’s increased exposure to such content.

Mehta conveyed concern about the vulgarity of some programs, stating that even respectable adults would find certain content uncomfortable to watch together. Although age restrictions apply to these programs, he acknowledged the challenges in enforcement.

The bench also raised concerns about children’s access to mobile devices, noting their adeptness at navigating the internet. “It’s beneficial, provided they access appropriate content,” Mehta remarked.

Previously, the bench had indicated that the resolution of this matter lies within the realm of the legislature or executive. This comment was made against the backdrop of recent critiques regarding the judiciary’s role in legislative processes. Vice President Jagdeep Dhankhar had previously questioned the judiciary’s authority, implying that the court should not act as a “super Parliament,” while BJP MP Nishikant Dubey suggested that if the Supreme Court were to assume legislative functions, legislative assemblies should be disbanded.

During the hearing, Mehta reiterated the necessity of addressing the issue of explicit content. While the bench considered issuing notices to various stakeholders, including OTT platforms, Mehta suggested that it might not be necessary at this stage.

Justice Gavai asserted that stakeholders should be summoned to the court, emphasizing their social responsibility in this matter. “The petition raises critical concerns regarding the proliferation of objectionable, obscene, and indecent materials on digital platforms,” the court noted.

The plea, initiated by five petitioners, calls for the establishment of an authority to regulate the online dissemination of obscene content. The petition claims that numerous social media profiles post pornographic material unchecked, with some OTT platforms streaming potentially harmful content.

The petitioners argue that exposure to such materials could negatively impact societal values, mental health, and public safety, potentially fuelling perverse sexual tendencies and contributing to crime rates. They contend that previous representations to relevant authorities yielded no results.

Consequently, the petitioners demanded that the government restrict access to these platforms until a robust mechanism to filter pornographic content, especially for minors, is enacted. They propose that a committee, led by a retired Supreme Court judge and featuring experts, should be formed to oversee content certification, akin to the Central Board of Film Certification.

Furthermore, they called for a panel of recognized psychologists and experts to conduct a comprehensive study on the detrimental effects of sexually explicit content, aiming to provide valuable insights and guidelines moving forward.

Source
www.gadgets360.com