You need to verify Aadhaar or PAN-based age-gating for OTT and social platforms? SC proposes regulations for 18+ content - Business Upturn

By Aditi Bhogle

You need to verify Aadhaar or PAN-based age-gating for OTT and social platforms? SC proposes regulations for 18+ content - Business Upturn

The Supreme Court on Thursday signalled that platforms such as Netflix, YouTube, and other OTT and social-media services may soon require users to verify their age using Aadhaar or PAN before accessing content deemed "obscene," sensitive, or potentially "anti-national."

A bench of Justices Surya Kant and Joymalya Bagchi made the observations during an ongoing hearing on digital-content regulation. The court noted that India's current self-regulatory mechanisms for online content are inadequate and that stricter safeguards may be required.

According to Indian Express, Justice Bagchi suggested that platforms could introduce a brief on-screen warning followed by an age-verification prompt: "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 programme starts."

The intention, the bench said, is to prevent children from unintentionally accessing explicit material, a point echoed in submissions cited by Bar and Bench.

The matter originates from petitions filed by digital content creators -- including YouTuber Ranveer Allahbadia (BeerBiceps) -- challenging FIRs registered over allegedly offensive remarks made during an online show.

A second petition by disability-rights group Cure SMA India Foundation argued that certain comments in online content mocked or demeaned persons with disabilities, prompting the court to consider broader issues around online speech, dignity, and harm.

The Supreme Court said that current industry-led self-regulatory bodies lack credibility and independence. It directed the Union government to draft a regulatory framework and place it in the public domain within four weeks.

The bench raised concerns about vague invocation of "anti-national" behaviour. As reported by Indian Express, the court emphasised that India must balance restrictions with fundamental rights under Article 19(1)(a), permitting only reasonable limits under Article 19(2).

The judges stressed that legitimate criticism, political commentary, satire, or academic work must not be suppressed under the guise of national-interest enforcement.

The court also drew parallels with the SC/ST (Prevention of Atrocities) Act, stating that the dignity of persons with disabilities deserves similar protection. Solicitor General Tushar Mehta agreed, noting that "amusement should not compromise someone's dignity."

The matter will be heard again after the government submits its draft regulatory framework.

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