The Supreme Court of India today expressed serious concerns over the circulation of ‘objectionable content’ online, emphasizing the need for a system that balances the protection of freedom of speech with the prevention of hurt sentiments. The observations were made during the hearing of a case involving popular content creators Samay Raina and Ranveer Allahbadia.
Key Judicial Concerns
Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi raised several issues regarding accountability and regulation in the digital sphere:
- Accountability: CJI Kant noted the anomaly where content creators can operate their own channels “without being accountable,” stressing that freedom of expression cannot be a license to do “anything and everything,” as suggested by Solicitor General Tushar Mehta.
- Response Time: Justice Bagchi highlighted that self-regulation is often insufficient, especially when “anti national or disruptive” content goes viral quickly.
- Forced Content: CJI Kant drew a distinction between obscenity in traditional media and online content, noting the problem when unwanted content is “forced” on a user the moment they switch on their phone.
- Need for Balance: The court ultimately called for an autonomous body to regulate online content, stressing the necessity of finding a “balance of fundamental rights.”
Suggested Measures
To address the issue, the court suggested measures focusing on transparency and control:
- Advance Warning: The court suggested issuing advance warnings for parental control, particularly for adult content.
- Warning for All Groups: Justice Bagchi suggested warnings for all groups who may be taken aback by unexpected online content.
- Aadhaar Verification (Pilot Basis): CJI Kant suggested a pilot measure of asking for the user’s Aadhaar card after a content warning to verify adult status, noting that any challenge to free speech arising from this could be examined later.
SC Directive to Comedians
The court was hearing a petition filed by the Cure SMA (Spinal Muscular Atrophy) Foundation, which sought directions against comedians for allegedly cracking jokes on persons with disabilities during an episode of the YouTube show India’s Got Latent.
The Supreme Court directed Samay Raina and three other comics to undertake reformative action:
- They must persuade and invite specially abled persons onto their shows.
- They must organize at least two events a month to raise funds for the cause, aiming for two such “memorable events” before the next hearing date.
The court expressed confidence that if the comedians show sincerity in highlighting the achievements of specially abled persons, they would support the platform for wider publicity.