Do OTT platforms contain pornography? Mukul Rohatgi says no; Supreme Court wants law to “control them”

The hearing in the anticipatory bail plea filed by India Head of Amazon Prime Video Aparna Purohit was privy to an interesting exchange between the lawyers appearing in the matter and the Bench..On the back of the Supreme Court's observations on Thursday that OTT platforms contain pornography, today's discussion revolved around the nature of content on these platforms..Senior Advocate Mukul Rohatgi, representing Purohit, told the Bench that its remarks on pornography were widely reported in the press. He, however, maintained that such platforms do not show any pornographic content.“Your statement on pornography has been reported. There is no such thing on Amazon Prime and Netflix. I see them every evening. There is no such content,” Rohatgi said..“The Bench meant pornographic,” Solicitor General (SG) Tushar Mehta, appearing for the Central government, said.“I see so many shows. There is no pornography,” Rohatgi reiterated..On Thursday, the Court had also asked the Central government to submit the recently notified regulations governing OTT platforms.The Central government had notified the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 to regulate the functioning of online media portals and publishers, OTT platforms, and social media intermediaries..During today's hearing, the Court said that the guidelines were grossly inadequate.“Mr Mehta, we went through the technology intermediary guidelines. But there is no teeth. No power of prosecution. These are just guidelines. No mechanism to control it,” said Justice Bhushan..The Court said that a law was needed to regulate such platforms.“Without legislation you cannot control it,” Justice Bhushan opined.SG Mehta then said that the Central government can prepare a draft legislation and place it before the Court for its consideration..The Court proceeded to record the same in its order while issuing formal notice to Centre and impleading it as party to the case.“One of the issues which has cropped up is uncontrolled viewing of films in Prime Video. Government of India has issued notification dated February 5, namely IT Intermediary Rules. Rules are in the nature of guidelines with no mechanism for either screening or taking apt action against those who violate these guidelines. Solicitor General says government shall consider appropriate steps and any regulation or legislation thought fit be placed before court. Centre to be impleaded as Respondent No. 2,” the Bench said in its order.