‘Issue of paramount public importance’: SC asks Centre to consider plan to curb minors’ access to porn

THe sublime margaret court on mon said that a subject litigate plan to curb watching of online pornographic videos by minors is an issue of “paramount public importance” and allowed a petition seeking this direction to be considered as a representation by the Centre.The top court was hearing a petition filed by advocate BL Jain who said that the issue requires urgent consideration as minors are increasingly indulging in sexual crimes due to easy access of obscene videos and material on the internet.The bench headed by Chief Justice of India (CJI) Surya Kant said, “The issue raised is of paramount public importance. However, the subject matter does not involve a question of law requiring examination by this Court. 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.”Advocate Varun Thakur appearing for the petitioner said that watching pornographic content is causing excessive psychological distress in the minds of minors which is unhealthy and is driving minors to commit sexual crimes.“Such issues fall within the domain of experts and authorities, especially the ministry of information technology,” remarked the bench, also comprising justices Joymalya Bagchi and V Mohana.Allowing the petition to be forwarded to the concerned ministry, the bench said, “We have no reason to doubt that the authorities will not give due attention to such concerns raised by the petitioner.”Thakur told the court that the issue also raises a legal question. He pointed out that the Information Technology Act of 2000 criminalises dissemination of pornographic videos but does not punish watching of such content. Due to this gap, the authorities are unable to curb such content being accessed online.The bench observed, “You want to bring the moon on earth that we cannot do.”Disposing the petition, the bench said that the concerned authority shall decide on the prayer of the petition to frame a national policy and draft action plan on watching of pornographic videos, especially by minors.The petitioner stated that minors are exposed to electronic gadgets with internet, since the COVID pandemic when schools were forced to shift their classroom instruction to online mode.Jain’s plea pointed out that there is no mechanism to restrain the minors from watching pornography on these devices.Statistics presented by the petitioner stated that from 2005, every second, 5,000 porn sites are being watched and over 20 million porn videos or clippings, including child pornography, were launched through the internet each year.Also Read: CJI Surya Kant forms four special benches to fast-track Supreme Court's oldest casesThe plea filed as a public interest litigation said that the authorities under section 69A of the Information Technology Act, 2000 have power to issue directions for blocking public access of any information through any computer resource. But this has hardly been effective in dealing with this issue.