The supreme court’s observation on obscenity and harmful content on ott platforms and social media are significant and timely. As the audience is shifting from television and cinemas to online services accessed through mobile devices owing to the choice they offer as well as the real time conversations they enable, regulating them is imperative. The court has rightly observed that freedom of speech is not absolute and is subject to reasonable restrictions on grounds of public decency and morality. Artistic freedom is a necessary prerequisite for growth in any society but anything put up for public consumption needs regulation. Internet is now recognized as a fundamental necessity even for school children and the restrictions under IT rules 2021 seem to be insufficient. Most of the ott platforms and social media sites are based in foreign locations and have their servers outside the jurisdiction of Indian law enforcement agencies. Moreover they are available only through choice exercised by individuals therefore it’s difficult to assume that they are public spaces unlike television and cinema. This is a legal limitation. Public morality is a guiding principle of law and justice. State especially democratic states are formed by public opinion, and public morality is the primary informer of public opinion. This makes it imperative for the state to intervene in cases affecting public morality. However the court has rightly refrained from mandating pre censorship and has desired voluntary peer regulation and the state to enable it. We know the penchant of the current government has for control. Therefore the courts need to be careful in not emboldening the government to use this observation to muzzle dissent and art not towing its agenda.
