SC Takes Note of Obscenity Plea, Issues Notice to OTT Platforms

Recently, the Supreme Court issued notice to the Centre, OTT platforms including Netflix, Amazon Prime, Ullu Digital, AltBalaji, and Mubi, as well as social media platforms such as X Corp, Google, Meta Inc., and Apple, in response to a petition seeking a ban on sexually explicit content.[1]

The Court noted that the petition raises important concerns about the availability of obscene, indecent, and objectionable material on digital platforms. The petitioners have called for a temporary suspension of access to OTT and social media platforms until a robust system is put in place to block pornographic content.

They have also requested the establishment of two special committees. One would be responsible for screening and certifying online content in a manner similar to the Central Board of Film Certification (CBFC). The second would evaluate the effects of sexually explicit content on users.

This petition is the latest in a series of legal efforts to address the issue of online obscenity. The rapid growth of OTT platforms has sparked increasing debate over content regulation. Last year, the Ministry of Information and Broadcasting (MIB) blocked 18 OTT platforms for publishing obscene and vulgar content, and several web series have also faced controversy for alleged violations.

In February this year, one month before the present petition was filed, the Ministry issued an advisory urging OTT platforms to adhere to provisions of the applicable laws and the Code of Ethics prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, with an emphasis on stricter adherence to age-based classification of content. This advisory also drew attention to provisions of the Indecent Representation of Women Act, 1986, the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Information Technology Act, 2000, all of which make the publication of obscene or pornographic content a punishable offence.

[1] Uday Mahurkar & Ors. v. Union of India & Ors. [WP(C) 313/2025]