New Delhi : The Union government on Thursday informed the Supreme Court that the Ministry of Information and Broadcasting is in the final stages of drafting a regulatory framework aimed at curbing explicit and harmful content on social media platforms.
Seeking an extension of four weeks, the Centre told a Bench headed by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi that the proposed guidelines would soon be released in the public domain for comments and suggestions from citizens, experts, and other stakeholders.
The Bench was hearing a batch of petitions filed by YouTubers Ranveer Allahbadia, Ashish Chanchlani, and others, who are facing multiple FIRs for allegedly obscene and offensive comments made during the controversial online show “India’s Got Latent.”
Court Flags Gaps in Existing Provisions
During the proceedings, the Supreme Court observed that the current legal mechanisms may not be adequate to effectively regulate objectionable online content. It suggested that statutory amendments might be necessary to ensure meaningful checks.
Solicitor General Tushar Mehta, representing the government, emphasised the urgency for a stronger framework. “Before dealing with obscenity, we must first deal with wrongful acts. Anyone can create a YouTube channel, say anything under the garb of free speech, and the law is helpless. That cannot continue,” he told the court.
The court also asked the Centre to explore the feasibility of setting up an autonomous regulatory body to oversee online content standards.
‘What Is the Remedy?’ CJI Asks
Expressing concern over the intrusive nature of online platforms, the Bench highlighted the ease with which unwanted content is pushed onto users.
“Obscenity can appear in books or paintings, and those can be restricted. But when you switch on your phone and something appears that you do not want to see — and it is forcibly pushed at you — what is the remedy?” the CJI asked.
Call for Stronger Safeguards for Disabled Persons
The court took serious note of derogatory depictions of persons with disabilities, urging the government to consider a stringent penal mechanism similar to protections offered under the SC/ST (Prevention of Atrocities) Act.
“We were told that highly sensitive issues are being mocked. Why shouldn’t there be a strict law to protect disabled individuals from such humiliation?” the Bench said.
Previous Controversies Prompt Judicial Scrutiny
The latest hearing follows earlier observations where the Supreme Court reprimanded several stand-up comedians — including Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Tanwar — for making insensitive jokes about an infant suffering from spinal muscular atrophy (SMA).
In August, the court ordered Raina and four others to issue public apologies on social media after taking note of their remarks about a two-month-old baby in need of a ₹16-crore life-saving injection. The direction was issued during the hearing of a petition by the Cure SMA Foundation of India.
During those proceedings, the court underscored that while freedom of speech is protected under Article 19 of the Constitution, it cannot override the right to dignity under Article 21.
