The Supreme Court on Monday refused to entertain a public interest litigation seeking directions to the Union Government to formulate a national policy and legal framework prohibiting the viewing of pornographic content in India, particularly by minors.

A bench led by Chief Justice of India Surya Kant said the issue raised in the petition was of “paramount importance” but did not involve a question of law requiring examination by the court. The bench said the matter involved policy considerations, technological developments and expert inputs and allowed the petitioner to approach the competent authorities.

Pornography Regulation Requires Expert Consideration, Supreme Court Says

The Supreme Court said the issues raised in the petition fell within the policy domain and required technological expertise and consideration by relevant government authorities.

The bench particularly referred to the role of the Ministry of Electronics and Information Technology (MeitY) in examining such matters.

“We have heard learned counsel for the petitioner. Undoubtedly, the issue raised is of paramount importance. However, the subject matter does not involve a question of law requiring examination by this Court,” the bench observed.

“It concerns policy issues which need technological advancement and expert consideration. Such issues fall within the domain of experts, especially the Ministry of Electronics and Information Technology,” the court added.

The Supreme Court disposed of the petition while granting liberty to the petitioner to submit a representation before the competent authorities.

PIL Sought Nationwide Ban On Viewing Pornographic Content

The PIL was filed by BL Jain, who was represented by Advocate Varun Thakur.

The petition sought directions to the Centre to formulate a national policy imposing a nationwide ban on viewing pornographic material, particularly by minors.

According to the petitioner, the widespread availability of internet access has made pornographic content easily accessible and contributed to excessive consumption and addiction.

The plea also claimed that increasing consumption of such material had contributed to the commission of sexual offences.

Petitioner Cites Legislative Vacuum In Existing IT Law

The petitioner argued that existing provisions of the Information Technology Act criminalise the publication, transmission and distribution of obscene and pornographic material.

However, the plea contended that the law does not penalise the act of viewing pornography.

According to the petitioner, the absence of provisions prohibiting the viewing of pornographic content had created a legislative vacuum requiring the Union Government to formulate an appropriate legal framework.

The Supreme Court declined to examine the matter judicially, maintaining that questions surrounding technological measures and policy formulation should be considered by experts and the competent government authorities.

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