Even as the Supreme Court Friday said the Indian federal government’s guidelines on regulating social media do not have any provision for taking appropriate action against digital platforms showing inappropriate content, the government counsel went on record to submit that draft legislation can be prepared and placed before the court.

The apex court while observing that the government’s notified regulations on social media were “mere guidelines” and do not have provision for any action against digital platforms, granted interim protection from arrest to Aparna Purohit, Amazon Prime Video’s India head for Originals in police complaints lodged over web series ‘Tandav’,PTI reported.

“Mr Mehta (the government counsel), 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,” Bar and Benchlegal website quoted Justice Bhushan as saying in the court.

The judge further observed: “Without legislation you cannot control it.”

Solicitor General Tushar Mehta, appearing for the Central or the federal government, said the government would consider appropriate steps and any regulation or legislation on it would be placed before court.

While proceeding to record the government submission, the court, according to Bar & Bench, in its order said, “One of the issues, which has cropped up, is uncontrolled viewing of films in Prime Video. Government of India has issued notification dated February 5, namely IT Intermediary Rules. Rules are in the nature of guidelines with no mechanism for either screening or taking apt action against those who violate these guidelines. Solicitor General says government shall consider appropriate steps and any regulation or legislation thought fit be placed before court. Centre to be impleaded as Respondent No. 2.”

A bench comprising justices Ashok Bhushan and R S Reddy also issued notice to the government of India’s northern state Uttar Pradesh in the same case involving Prime Video’s web series.

Tandav is a nine-episode political thriller starring Bollywood A-listers Saif Ali Khan, Dimple Kapadia and Mohd Zeeshan Ayyub.

Purohit has been accused of inappropriate depiction of Uttar Pradesh police personnel, Hindu deities and an adverse portrayal of a character playing the prime minister in the web series.

The top court, according to PTI, had on Thursday observed that some over-the-top (OTT) platforms at times show pornographic contents and there should be a mechanism to screen such programmes.

Prime Video’s Purohit had moved the top court against the Allahabad High Court’s February 25 order declining anticipatory bail to her.

The Allahabad High Court had said that Purohit had not been vigilant and has acted irresponsibly making her open to criminal prosecution in permitting streaming of a movie which is against the fundamental rights of the majority of citizens of this country and therefore, her fundamental right of life and liberty cannot be protected by grant of anticipatory bail to her in the exercise of discretionary powers of this court.

The high court had observed, “Western filmmakers have refrained from ridiculing Lord Jesus or the Prophet, but Hindi filmmakers have done this repeatedly and are still doing this most unabashedly with Hindu gods and goddesses.

“This tendency on the part of the Hindi film industry is growing and if not curbed in time, it may have disastrous consequences for the Indian social, religious and communal order” On January 19, 2021, a police complaint was lodged by Balbir Azad of Raunija village in Greater Noida on the outskirts of New Delhi.