SC Pushes for Guidelines to Curb Abusive Online Content
SC Pushes for Guidelines to Curb Abusive Online Content
Supreme Court urges an autonomous watchdog to vet online content, protecting victims while safeguarding free speech.
The Supreme Court on Thursday asked the Ministry of Information and Broadcasting to work on guidelines against user-generated content to protect innocents from obscene, even perverse, anti-national or personally damaging online content. The court considered the idea of an impartial and autonomous authority, neither bound to private broadcasters nor the government, to vet prima facie permissible content. A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said UGC content could be disastrous to reputations or even include adult material, and it could go viral before social media intermediaries could downlink or remove it. They stressed the need for preventive mechanisms that shield victims from harm in a rapid-virality landscape.
The court also discussed potential checks, including the possibility of sharing Aadhaar details to verify a user’s age, to ensure minors are not exposed to inappropriate material. The Chief Justice remarked on the strange phenomenon of private individuals creating online channels and being largely unaccountable, questioning whether there is enough accountability in the system. The government was urged to propose guidelines defining obscenity in online content, with the aim of addressing harmful material without unduly suppressing expression.
The court clarified that its intent was not to tinker with free speech. While the right to free speech is protected under Article 19(1)(a) and subject to reasonable restrictions under Article 19(2), the misuse of online speech has exposed millions of innocents to abuse. They emphasized that victims’ rights must be protected and that there is a need to balance freedom of expression with safeguards against harm. The hearing highlighted the broader democratic principle that dissent is part of democracy, but the problem arises when content is uploaded on platforms like YouTube and millions are victimized before any remedy is available. The judges stressed accountability for those who generate and disseminate such material, alongside the necessity for a robust, preventive framework to curb abuse before it escalates.
Cover image source: 'What happens if everything is allowed?': Supreme Court flags concerns on online content in Latent row hearing 🔗
