The Supreme Court on Monday declined to entertain a petition seeking a nationwide ban on pornographic content, cautioning that such a move could trigger unrest similar to what Nepal recently witnessed over online restrictions.
A division bench headed by Chief Justice B.R. Gavai, who demits office on November 23, made the remark while hearing a plea that urged the Centre to formulate a national policy to curb access to pornographic websites and restrict their viewing in public spaces. The court posted the matter for hearing after four weeks.
“Look what happened in Nepal over a ban,” Chief Justice Gavai observed, referring to violent protests by young people in the neighbouring country following internet content curbs.
The petitioner had argued that after rapid digitalisation, “everyone, educated or not, has access to everything with a single click”, and that the government itself had acknowledged the existence of billions of pornographic websites. The plea also claimed that more than 20 crore pornographic clips, including child sexual material, were available for sale in India, urging the government to use its powers under Section 69A of the Information Technology Act to block such content.
It further submitted that during the Covid-19 pandemic, children became heavily dependent on digital devices for education and recreation, yet no effective safeguards were in place to prevent their exposure to explicit material.
The bench, however, was unconvinced by the sweeping nature of the relief sought. It noted that digital restrictions and parental control mechanisms already exist, and that excessive censorship could have unintended and counterproductive outcomes.
By deferring the hearing, the apex court signalled that the question of regulating online content remains primarily a policy matter for the executive, requiring a careful balance between child protection, public morality, and freedom of expression.
