Supreme Court issues notice to Centre on content streamed by online platforms

The Supreme Court yesterday asked the Centre to respond on a plea seeking guidelines for the regulation of uncertified and sexually explicit content being streamed on global online platforms such as Netflix and Amazon Prime Video.

A bench comprising chief justice Ranjan Gogoi and justice Sanjiv Khanna issued notice after hearing the petitioner. Earlier, a similar plea was dismissed by the Delhi high court on 8 February. The petitioner has moved the apex court challenging the high court order.

The petitioner, Justice for Rights Foundation, through its advocate HS Hora, said online streaming platforms do not have a licence to function in the country, and the argument was accepted by the central ministries concerned in their response on the plea in the high court.

According to the petitioner, the Union ministry of information and broadcasting had said that it is not mandatory for these streaming platforms to procure a licence from the ministry. Later, the high court dismissed the petition.

The plea said: "The said online platforms are displaying unlicensed, unregulated, uncertified content and collecting subscription amounts from Indian consumers whereas the content telecast on the online platforms is illegal to the extent that certain movies are banned under the provisions of the Indian Cinematograph Act."

Arguing in the high court, counsel for the petitioner contended that web-series like Sacred Games, Game Of Thrones and Spartacus, broadcast on platforms such as Netflix, contain sexually explicit content and depict women in an objectionable manner.

The petitioner argued that content streamed on online platforms is not even certified by the Central Board for Film Certification.

Unlike the apex court, the high court had not issued notice on the NGO's petition but only sought the government's response.

The NGO, in its petition in the high court, had claimed that online media streaming platforms, including Hotstar, show content that is unregulated and not even certified for public exhibition.