Obscenity is an issue connected to the moral, legal, and social values of society. It includes sharing material that goes against public decency. Whenever the topic of banning pornography comes up, many opinions arise. People start debating freedom of expression and arguing about what is right and wrong. But the harmful effects of pornography on society are often ignored. Children and innocent people also have rights that need protection. It shouldn’t be acceptable for anyone to post anything without responsibility. There must be someone who is held answerable for spreading obscene content. Poet Saurabh Mishra’s lines strongly express the pain of what is happening in society today.
“Sabhy samaaj ki dar ghatati, mandata haay sataati hai.
Pavitra rishton ke beech bhi ab, asabhyata ki durgandh aati hai.
Sharm bhi besharm bana, sabhyata sanskrit ka naash hua.
Ashishtata ke dhandhe badhte, sukarmon ka avkaash hua.
Manoranjan ke naam par jab, ashleel pradarshan hota hai.
Dekh rooh kaampati hai, hriday thithur ke rota hai.
Padho–badho karo kuch aisa, swajan swarashtr ka dhyaan rakho.
Par jo sanskrit aadarsh dharohar hai, thoda to uska maan rakho.”
The Supreme Court has clearly instructed the Central Government to develop new guidelines for user-generated content within four weeks. The Supreme Court has advised that public and expert opinion be sought first, before formulating guidelines. Following the Supreme Court’s directive, new rules can now be formulated for YouTube, podcasts, and Reels. The Supreme Court has emphasized the need for a neutral, independent regulatory body to combat online obscenity, as existing measures are ineffective. This case was initiated by a petition filed by popular podcaster Ranveer Allahabadia. Some participants on YouTuber Samay Raina’s show “India’s Got Latent” made highly obscene and offensive comments, leading to numerous FIRs being filed across the country. In that same case, the Court had directed the government to issue guidelines in this regard. The Supreme Court has previously advised the government to develop regulatory measures to prevent vulgarity or distortion in the name of humor. The Court intends regulations that do not infringe on freedom of speech and expression and are within the framework of reasonable restrictions permitted by the Constitution. The Supreme Court has asked the Ministry of Information and Broadcasting to draft a mechanism to pre-screen user-generated content before it is uploaded, so that videos, photos, or posts that have the potential to harm society can be prevented from going viral.
The Supreme Court stated, “The purpose of making rules is not to silence anyone, but to put a filter in place to keep the filth out. Today, someone creates their own channel and speaks whatever they want, but there is no accountability. This is very strange.” A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said, “It is very strange that I created my own platform and channel, but there is no accountability. Such content should be accompanied by a sense of responsibility.” The court called the current process for removing harmful content on social media inadequate. The bench stated, “If anti-national or provocative content is posted on social media, it takes the government a day or two to take notice and remove it. By that time, it has already gone viral and caused harm to society. Therefore, a preventative mechanism is necessary.” The court also clarified that this step is not intended to suppress freedom of expression, but to prevent widespread harm to society. The CJI said, “We will not accept a system that curbs the expression of ideas. What is needed is a fair and balanced system that filters content before uploading, not suppressing voices.”
When organizations representing broadcasters, OTT platforms, and digital channels opposed pre-censorship, the court clarified that giving the government absolute censorship powers would not be appropriate, but giving platforms complete freedom is also unsafe. Speaking out against the government is not anti-national. It is a fundamental right of democracy, but some social media posts poison society. This is the real problem. After Operation Sindoor, many such posts were seen, poisoning society.
Before this, the government shut down several websites that spread pornography. Several steps were taken one after another. Another aspect of this issue is that it is not the government’s job to pry into people’s bedrooms. Every bedroom has its own privacy. On the contrary, many sociologists say that if this current of obscenity continues to expand, it will deeply affect people’s conscious and unconscious selves, breaking the walls of their rooms and spreading everywhere. This obscenity is not entertainment but mind-breaking. This is why rape and adultery are on the rise in our country. Following the Supreme Court’s order, the government may issue separate guidelines on obscenity, deep fakes, and AI content in new regulations and establish accountability. It remains to be seen how the system is organized.
