Can People Watch Porn in Public? Supreme Court’s Big Twist

Supreme Court leaves issue to government

The Supreme Court has refused to entertain a PIL seeking a nationwide framework to prohibit people from viewing pornography in public places.

It also said that the issue requires policy intervention, technological expertise and specialist consideration rather than judicial action.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana dismissed the petition filed by social worker B L Jain.

The bench, however, acknowledged the seriousness of the issue and said the matter was of importance.

The court directed Jain to approach the concerned government authorities with a representation.

The petition, filed through advocate Varun Thakur, had sought a national policy and an action plan to curb the viewing of pornographic content, particularly by minors.

It also sought a ban on viewing pornographic material of any form in public places.

The petitioner argued that the widespread availability of the internet had made pornographic content easily accessible and had contributed to excessive consumption and addiction.

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

The petitioner also referred to Section 69A of the Information Technology Act, 2000.

They argued that the government has the power to direct the blocking of public access to information through computer resources.

While dismissing the plea, the Supreme Court said the issue did not involve a question of law requiring examination by the court.

The bench observed that any solution would require policy reforms, technological advancement and expert input, particularly from the Ministry of Electronics and Information Technology.

The court’s decision places the matter back with the government and relevant authorities.

It has now left it to policymakers and technology experts to consider whether a broader framework is needed to address the public viewing and accessibility of pornographic content.