Thread by @barandbench

Justice Ashok Bhushan led bench of #SupremeCourt to shortly peruse the latest OTT regulations passed by Centre in a plea by @AmazonPrime head Aparna Purohit challenging Allahabad HC order denying her anticipatory bail.

Purohit faced a barrage of cases after #TANDAV was aired

Hearing to begin shortly
#SupremeCourt
@AmazonPrime

Senior Adv Mukul Rohatgi: I appear for Aparna Purohit along with Senior Adv Siddharth Luthra

Justice Bhushan: Mr Mehta we went through the Technology intermediary guidelines. But there is no teeth. No power of prosecution. These are just guidelines. No mechanism to control it

Justice Bhushan: Without legislation you cannot control it.

SG Tushar Mehta: we can prepare a draft and submit before you for consideration.

Senior Adv Rohatgi: I feel very strongly that judgment was reserved on Feb 4, 2021 by High Court. It was delivered on Feb 25. It was in relation to FIR no 14 from Greater Noida. Now similar FIR in Lucknow.

Rohatgi: I have moved the Lucknow HC and I was protected after staying I will cooperate. Then summon was issued on the Greater Noida FIR. Delivery of summons was confirmed on Feb 20.

Justice Bhushan: You are cooperating in the probe that was registered in Lucknow. The judge noted I did not cooperate when the order was reserved on February 4. I was asked to appear on Feb 22 and she appeared. Judge now says Purohit did not cooperate in Greater Noida FIR

Supreme Court issues notice.

One of the issues which has cropped up is uncontrolled viewing of films in prime video. GOI has issued notification dated Feb 5 namely IT intermediary rules. Rules are nature of guidelines with no mechanism for either screening or taking apt action

SC:.. against those who violate these guidelines. SG says govt shall consider appropriate steps and any regulation or legislation thought fit be placed before court

Justice Bhushan: Petitioner is cooperating in Lucknow FIR and HC has granted protection. She is ready to cooperate in the investigation. It is submitted that petitioner is @amazon India head and concerned with writing and production of web series

SC: Considering the facts, we issue notice and we direct petitioner shall not be arrested in FIR no 14 of 2021 subject to her cooperation

Solicitor-General Tushar Mehta makes a request for the Union of India to be inpleaded.

SC allows Centre to be impleaded as Respondent No. 2

Rohatgi: I have seen the movie. If Solicitor-General sees the movie, we will clip a few scenes. We have already removed two scenes and if Solicitor-General says we will remove a few more scenes.

Justice Bhushan: Let Centre submit regulations.

Rohatgi: your statement on pornography has been reported. There is no such thing on @amazon and @netflix I see them every evening. There is no such content

Solicitor-General: the bench meant pornographic..

Mukul Rohatgi: Are Bhai Tushar Mehta I see so many shows. There is no pornography

Senior Adv Siddharth Luthra: the Solicitor-General does not have time for this

Senior Adv Mukul Rohatgi: He cracks jokes with me so he certainly sees these shows

#SupremeCourt

[TANDAV] Supreme Court grants protection from arrest to Amazon Prime India head Aparna Purohit; calls for law to regulate OTT platforms

FULL REPORT by @DebayonRoy

#Tandav #SupremeCourt #AmazonPrimeVideo

@PrimeVideoIN

barandbench.com/news/litigatio…

Do OTT platforms contain pornography? Mukul Rohatgi says no; Supreme Court wants law to “control them”

@DebayonRoy reports

#SupremeCourt #Netflix #AmazonPrime

@NetflixIndia @PrimeVideoIN

barandbench.com/news/litigatio…