"Won't Leave Vacuum": Top Court Indicates It May Act Against Obscene Content

In a question that could have wider ramifications on the regulation of content online, the Supreme Court, while hearing YouTuber Ranveer Allahbadia's petition on the 'India's Got Latent' row, has asked the Centre whether it is planning to take any steps to regulate "obscene" content like the show on YouTube and social media.

The court also indicated that it would not "leave a vacuum" and take action on its own if the government did not do so.

During the hearing on Tuesday - in which it granted interim relief to Mr Allahbadia but not before severely rapping him for his comments and putting restrictions on him - the Supreme Court bench of Justices Surya Kant and N Kotiswar Singh asked Additional Solicitor General Aishwarya Bhati, appearing in another case, whether the Centre would take steps to regulate "obscene" content like 'India's Got Latent' on websites like YouTube as well as social media platforms.

Terming the issue a "serious" one, the bench asked the Attorney General and the Solicitor General to assist the court during the next hearing on Mr Allahbadia's petition.

"There was this case of Youtubers... Union of India is a party... We would like to do something. Government of India will willingly do it, we will be very happy. Otherwise, we are not going to leave this vacuum. The way it is being misused by so-called YouTube channels and all these things are going on... We have issued notice. So please request the Attorney General and the Solicitor General to be here on the next date of hearing. We would like to do something. We may not overlook the importance and sensitivity of the issue," Justice Surya Kant said.

The Supreme Court's remarks come days after reports emerged that the Parliamentary Standing Committee on Information Technology is considering writing to the Centre to strengthen laws to ensure that controversies like the one surrounding Mr Allahbadia's comments and the show they were made on are not repeated. The panel is understood to be considering recommending that the laws around digital content be made stricter.

'Something Very Dirty'

Hearing the petition by Mr Allahbadia in which he has sought the clubbing of FIRs against him in various states and anticipatory bail, the bench rebuked the YouTuber for his comments, asking,  "If this is not obscenity in this country, then what is?". 

"There is something very dirty in his mind, which has been vomited by him in the programme...He is insulting parents as well. Why should the courts entertain people like him... The words which you have used, parents will feel shamed. Sisters and daughters will feel ashamed. The entire society will feel ashamed. It shows a perverted mind," Justice Kant said.

The court granted Mr Allahbadia interim protection from arrest and directed that no further FIRs be registered against him in the 'India's Got Latent' controversy. It directed him, however, to join the investigation when summoned, deposit his passport with the police. It also asked him not to leave the country or air any other show until further orders.