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Some regulation on OTT needed but govt to take a call: SC

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NEW DELHI: Expressing concern over objectionable, obscene and indecent content being broadcast on OTT/social media platforms which are accessible to even kids, SC on Monday said some regulation is needed but restrained from intervening and said the Centre to take a legislative or executive route to address the problem.

"It is not our domain. You do something," a bench of Justices B R Gavai and A G Masih told SG Tushar Mehta who assured the apex court that the govt would examine it. SG said that some regulation is already in place but more is being contemplated.

The bench said that it would monitor the steps taken by the govt and also issued notice to various OTT and social media platforms which have been arrayed as parties - Netflix, Amazon Prime, AltBalaji, Ullu Digital, Mubi, X Corp, Google, Meta Inc and Apple. SC was hearing a PIL alleging that there had been no checks on obscene and vulgar contents being floated on social media platforms available on mobile phones.

Advocate Vishnu Shankar Jain, appearing for the petitioners, said the issue raised in PIL was not adversarial but a genuine concern which needed to be addressed. Agreeing with him, the bench said that nowadays even small children have access to mobile phones and they could also get access to objectionable content. "Yes, Mr Solicitor? Do something... " the bench asked Mehta and he replied that the govt would soon come out with something to deal with this problem.

"This petition raises an important concern with regard to display of various objectionable, obscene and indecent contents on OTT platforms and social media. Learned Solicitor General fairly states that contents go to the extent of perversity. He submits that certain more regulations are in contemplation," bench said in its order.

The petitioner alleged that this unregulated spread of obscene material could have severe consequences on societal values, mental health and public safety. "The unchecked circulation of such material, including child pornography and softcore adult content, has contributed to a rising trend of crimes against women and children while negatively shaping the psychological development of young minds.... A growing number of online spaces, including giants like X, Instagram, and Facebook, openly facilitate the dissemination of explicit content without adequate restrictions/censorship. Simultaneously, OTT platforms such as Netflix, Amazon Prime, Ullu, ALTT (formerly, ALT Balaji), etc, continue to stream highly explicit content, some of which violates child rights and safety due to such sexually deviant material," the petition stated.

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