Supreme Court Issues Notice On Plea To Curb Sexually Explicit Content On OTT, Social Media Platforms

The petition has also sought the formulation of guidelines for constituting a National Content Control Authority to regulate and prohibit sexually explicit material being circulated online.

A Bench of Justice B.R. Gavai and Justice George Augustine Masih issued notice to major OTT platforms, including Netflix, noting the concerns raised about the nature of content being streamed without sufficient regulation.

During the hearing, Advocate Vishnu Shankar Jain, appearing for the petitioner, submitted that the petition was not adversarial in nature, but stemmed from a genuine concern.

“On social media platforms, content is floating without any restriction. I have given a list of what is being shown without any checks," Jain told the Court.

Solicitor General Tushar Mehta, appearing for the Union government, acknowledged the seriousness of the issue. He submitted that certain content available on OTT platforms was so perverse that "two respectable men cannot sit together and watch a program. Some of the things which are shown ... the language, the content, the innuendos, or even direct references ...are of such a nature that it is not merely vulgar, but perverted."

Mehta further said that while access is often labelled "18+", there is practically no way to control or monitor it, especially among minors. However, he added that censorship cannot be imposed, and the government was contemplating additional regulations to strike a balance between freedom of speech under Article 19(1)(a) and restrictions under Article 19(2) of the Constitution concerning decency and morality.

Justice Gavai also remarked that the widespread availability of mobile phones had made it easy for very young children to access content online, stating, "Nowadays mobiles are available which unfortunately, I have seen somebody occupied just to keep a small child occupied."

Recording these concerns, the Bench observed in its order, "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 Bench noted SG Mehta's submission that certain more regulations were being contemplated.

Accordingly, the Court issued notice to the respondents, including Netflix and other OTT service providers. Justice Gavai further observed that OTT platforms too have a "social responsibility" in content regulation.

Cause Title: Uday Mahurkar And Ors. Versus Union Of India And Ors., W.P.(C) No. 313/2025