Supreme Court Urges Social Media Regulations Without Censorship

The Supreme Court of India has directed the Centre to develop a regulatory mechanism for social media content while ensuring that it does not infringe on the right to free speech and expression. A bench comprising Justices Surya Kant and N Kotiswar Singh emphasized the need to balance freedom of expression with the necessity to prevent the misuse of digital platforms. The court stressed that any framework should involve consultations with all stakeholders and should be made available for public feedback before legislative or judicial measures are taken.

The bench made these observations while hearing a plea from podcaster Ranveer Allahbadia regarding social media regulations. While cautioning against outright censorship, the court acknowledged the potential dangers of an unregulated digital space. Solicitor General Tushar Mehta highlighted concerns about children accessing inappropriate content online and stressed the importance of defining clear guidelines to maintain moral and ethical standards in Indian society.

The court noted that moral standards differ across societies and drew a comparison between India and the United States, where burning the national flag is protected under the First Amendment, while in India, it is a criminal offense. Justice Surya Kant underscored the need to distinguish between vulgarity and humor, stating that true talent lies in creating content that appeals to all audiences without crossing ethical boundaries. He cited examples from Bollywood and literature where humour is presented creatively and responsibly.

Mehta further pointed out that while many stand-up comedians criticize the government, they often maintain decorum without resorting to vulgarity. The bench agreed that while citizens have the right to watch any content of their choice, commercial interests should not justify the promotion of inappropriate material. It suggested that the Centre should formulate regulations that protect freedom of expression while also safeguarding societal values.

The Supreme Court proposed an open debate involving media professionals, content creators, and other stakeholders to determine the acceptable boundaries of online content. The judges emphasized that the regulatory framework should reflect the preparedness of Indian society to consume certain types of content.

The court's directive comes amid growing concerns about the impact of unregulated social media content on younger audiences. While freedom of speech remains paramount, the necessity for responsible content creation is now a key focus. The Centre is expected to formulate a regulatory structure that balances digital freedom with ethical responsibility.