New CJI Suggests Age Verification Via Aadhaar On OTTs For Watching 'Obscene' Content

The Supreme Court reportedly suggested on Thursday that age verification through Aadhaar could be implemented for accessing "obscene" online content.

The apex court bench, headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, focussed on the need for displaying a warning, noting that such content may not be suitable for general audiences.

"Obscenity can be in book, painting etc. If there is an auction... there can be restrictions also. The moment you switch on phone and something comes which you don't want or is forced on you, then what?" noted Justice Bagchi, as reported by Bar & Bench.

CJI Kant went on to add that even though warnings are usually present, an age verification can be done as an extra measure as well.

"See, the issue is warning is given and the show starts. But by the time you decide not to watch, it starts. The warning can be for a few seconds...then perhaps ask for your Aadhaar card etc.

"So that your age can be verified and then the program starts. Of course, these are illustrative suggestions...a combination of different experts... someone from judiciary and media can be there also," the CJI said.

"Let something come up on pilot basis and if it clogs free speech and expression, it can be looked at then. We need to build a responsible society and once that happens, most of the problems will be solved," Justice Kant added, as reported by Bar & Bench.

The court was hearing a batch of petitions related to podcaster Ranveer Allahbadia in connection with his comment on parents and sex on comic Samay Raina's YouTube show 'India's Got Latent'.

On March 3, the top court had allowed Allahbadia to resume his podcast 'The Ranveer Show', subject to maintaining 'morality and decency' and making it suitable for viewers of all ages.

The order had come after Allahbadia's submission that the podcast was his only source of livelihood and about 280 people he employed depended on the show.

Today, the court reiterated the need to regulate online content, adding that an autonomous body was required to decide what can and cannot be allowed. CJI Kant remarked that "self-styled" bodies will not be enough to address the situation and that some regulatory body, free from outside influence, was needed as a regulatory measure.

"Only an autonomous body is needed to decide for the interregnum period to see if something can be allowed or not...if permissible then fine. If everything is allowed then what will happen?" the court asked. The court clarified that fundamental rights would have to be balanced and that it would not approve "something which can gag somebody".

"We will be the last one to suggest regulatory measure if you all come with a measure. You all say that there is this and that association...Then why such instances are occurring at all?" CJI Kant asked.