'Not a Question of Law but Government Policy Matter': SC Declines Plea Seeking Nationwide Porn Ban

The Supreme Court on Monday refused to entertain a public interest litigation (PIL) seeking directions to the Union Government to frame a national policy and legal framework to prohibit the viewing of pornographic content in India, observing that the issue falls within the domain of government policy rather than judicial intervention.

A Bench headed by Chief Justice of India Surya Kant reportedly said that although the issue raised was of "paramount importance", it did not involve a question of law requiring examination by the apex court.

'This is a Policy Decision of the Government'

The court underscored that the matter required technological expertise and policy inputs rather than judicial adjudication.

"Undoubtedly, the issue raised is of paramount 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," the Bench observed.

The court subsequently disposed of the petition while granting liberty to the petitioner to approach the competent authorities with a representation.

Petition Sought National Framework to Ban Porn Viewing

The PIL was reportedly filed by BL Jain through Advocate Varun Thakur, seeking directions to the Centre to formulate a nationwide policy prohibiting the viewing of pornographic material, particularly by minors.

The petitioner argued that widespread internet access had made pornographic content easily available, resulting in excessive consumption and addiction, especially among younger users.

The plea further contended that increased exposure to such material had contributed to the rise in sexual offences.

Petitioner Cites 'Legislative Vacuum'

The petition pointed out that while the Information Technology Act penalises the publication, transmission and distribution of obscene and pornographic content, it does not criminalise the act of viewing such material.

According to the petitioner, this creates a legislative gap that requires the Union Government to formulate an appropriate legal and regulatory framework.

Court Leaves Matter to Government and Experts

Refusing to intervene, the Supreme Court made it clear that decisions relating to the regulation of online content, technological safeguards and digital access controls are matters for policymakers and technical experts rather than courts.

The Bench indicated that any decision on a national framework governing access to online pornographic material would have to be taken by the government after considering expert advice, technological feasibility and policy implications.