The Supreme Court on Friday asked the Centre to come out with suitable legislation to prevent OTT platforms from screening pornography as the existing guidelines had no “teeth”, even as it restrained Amazon Video country head Aparna Purohit’s arrest by Uttar Pradesh police over the Tandav web series.
Solicitor-general Tushar Mehta, appearing for the Union government, assured the bench of Justices Ashok Bhushan and R. Subhash Reddy that the Centre would consider the court’s suggestion and bring legislation.
“Mr Mehta, we have gone through the intermediary guidelines filed by you. But there are no teeth to it. There is no power of prosecution or fine. These are just guidelines. There has to be a proper legislation. Without legislation, there cannot be any effective control,” Justice Bhushan, heading the bench, said.
The court made the observations after going through The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, placed before it.
On Thursday, the bench had said a mechanism to screen serials and movies released on the OTT platforms had to be put in place as many were showing pornography.
The bench made the observations while dealing with Purohit’s anticipatory bail plea in connection with the multiple FIRs against her in Uttar Pradesh over the Tandav series.
During Friday’s hearing, senior advocate Mukul Rohatgi, appearing for Purohit, denied that the OTT platforms were showing pornography. “I can show your lordships hundreds of movies on Amazon, there is no porn. I watch these movies in the evenings. These are great movies,” he said.
The bench clarified that it did not say that all movies being shown were porn.
It passed the following written order: “One of the issues which have cropped up.. is regarding control and regulation of platform on which web series are released. Mr Mukul Rohatgi, learned senior counsel, informed us that the Government of India has issued notification dated 25.02.2021 and introduced rules namely The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
“A perusal of the Rules indicates that the rules are more and more in the form of guidelines and have no effective mechanism for either screening or taking appropriate action for those who violate the guidelines. Mr Tushar Mehta, the learned solicitor-general, submits that the government shall consider and take appropriate steps for regulation or legislation as may be found fit by the government and the same shall be placed before the Court.”
It further added: “Learned senior counsel for the petitioner submits that with regard to the FIR lodged at Lucknow being FIR No. 31/2021, she is cooperating with the investigation and the high court has already granted protection (in another FIR) to the petitioner. Learned counsel for the petitioner further submits that she is ready to co-operate with the investigation in FIR 14/2021.”
“It is submitted that the petitioner is not involved with the production, writing and direction of the web series and is merely an officer of the company which owns the platform on which the web series was released… we direct that the petitioner shall not be arrested in FIR No. 14/2021 subject to her co-operation with the investigation. She shall appear before the investigating officer as and when required.”
The Tandav series had caused considerable resentment among some sections of the viewers for allegedly portraying Hindu gods in a poor light. It also faced flak from some quarters for oblique references to the ongoing farmers’ agitation and the handling of the JNU students.
