The Supreme Court of India is slated to hear a petition seeking to stem the unchecked proliferation of sexually explicit content on OTT and social media platforms. The plea has sought the constitution of a National Content Control Authority to regulate such material. It has even gone on to ask for interim measures such as halting access to non-compliant platforms. Prima facie, to some, the plea may seem to be emanating from a quaint idea of morality that infringes upon the right to free speech and expression. However, law, and even rights, need to be viewed in terms of the ground realities of the society they are meant to serve. In present times, the adverse impacts of social media usage and content on children are visible and well-documented. There is no denying that these platforms are playing with the psyche of tender-age children. The absence of robust regulatory frameworks are a result of, more than anything else, the big business involved in the operation of tech giants.
A cursory glance at the social media feed of any random teenager would make clear the apprehensions raised by the pleading party. It is generally noticeable that algorithms of social media platforms, based on the age and inclination of the users, flood their feeds with related contents. Even out of curiosity or accidentally, if a kid views sexually inappropriate content, his/her feed will see a heavy influx of similar content. Somehow or other, this algorithmic trend is more pronounced in terms of sexually explicit contents vis-à-vis other categories. It goes on to prove that social media platforms, to a certain extent, are designed to bank upon the sexual urges of users to advance their usage figures. All this happens in the disguise of the highly glorified trend of “personalisation”. The widespread prevalence of explicit content on social media is, thus, more a result of in-design traits of social media, than the failure of the platforms to check the contents posted by a multitude of users. If there was a lacuna, it could be treated with the right intent, but what if the loophole is deliberately in-built to meet certain outcomes? It is time to come out more vocally against the intent and commitment of social media platforms, than against their failure or incapacity.
As far as OTT platforms are concerned, they have at least the mechanism to single out contents based on its type and intensity. However, here also, business and profit concerns eclipse the questions of objective morality. It is, in fact, a general trend: wherever vast amount of profit is involved—be it the sale of narcotic products, open promotion of online betting apps as “game of skills”, or resorting to video content that caters to hidden and inappropriate desires of users—morality automatically takes a backseat. Again, it will be a folly to see these manipulations as mere breach of morality. This invasion on morality—which is not always subjective—has long-term impact on the kind and calibre of future citizens India will produce.
To be a tech savvy and enthusiast is one thing, but blindly accepting all aspects of emerging tech is gross stupidity. Online contents need to be judged on the basis of their merit, and a suitable regulatory framework needs to be put in place. It goes without saying that such an exercise will have to be carried out with due caution, so as not to infringe upon the fundamental right of speech and expression. To do so, every government action in the direction of regulating social media and OTT content must be passed through rigorous public scrutiny and opposition’s lens. Above all, social media platforms must not be allowed to go scot free; means and ways need to be devised to ensure that their penchant for profit does not feed upon the overall health and well-being of society—which is so essential for the progress of any nation. The business aspect of technology cannot be allowed to supersede the ethical aspect. The take of the Supreme Court on this matter will be very crucial. As the hearing begins, we have our fingers crossed!