The Centre informed the Supreme Court on Thursday that the Union Ministry of Information and Broadcasting is in the final stages of drafting a new regulatory framework aimed at tackling explicit and harmful content on social media platforms, reported the IANS.
Seeking an extension of four weeks, the government told a Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi that the draft guidelines would soon be released for public consultation, inviting feedback from citizens, experts and other stakeholders.
The Bench was hearing a series of petitions filed by YouTubers Ranveer Allahbadia, Ashish Chanchlani and others who are facing multiple FIRs for allegedly obscene and offensive remarks made during the controversial programme India’s Got Latent, according to the IANS.
During the proceedings, the Supreme Court observed that existing legal provisions may need to be amended to ensure effective checks on online content. Solicitor General Tushar Mehta responded by noting that “before dealing with obscenity, we must first deal with wrongful acts”, stressing that individuals cannot be allowed to say anything under the guise of free speech without legal consequences.
The Court encouraged the Centre to examine the feasibility of creating an autonomous regulatory authority to oversee online content. “If everything is allowed to be spoken or shown without accountability, what will be the consequence?” the Bench remarked, as per the IANS.
Highlighting the intrusive nature of digital platforms, the Court said that unlike traditional media such as books or paintings, objectionable content on phones is often “forcibly pushed” to users without their consent — raising the need for a clear remedy.
The Court also expressed serious concern over derogatory portrayals of persons with disabilities. It urged the government to consider a strong penal framework, similar to the SC/ST (Prevention of Atrocities) Act, to deter insults and mockery targeting disabled individuals. “Why shouldn’t there be a strict law to protect disabled individuals from such humiliation?” the Bench asked.
These developments follow earlier hearings in which the Supreme Court reprimanded stand-up comedians Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Tanwar for making insensitive jokes about an infant with spinal muscular atrophy (SMA). In August, the Court directed Raina and four others to issue public apologies on social media after taking note of their offensive comments about a two-month-old baby who required a Rs 16 crore life-saving injection, the news agency reported.
While hearing a petition filed by the Cure SMA Foundation of India, the Court indicated that it intends to lay down guidelines to regulate obscene or harmful social-media content, emphasising that freedom of speech under Article 19 cannot override the right to dignity protected by Article 21.
(with IANS inputs)