The Supreme Court of India has advocated for the establishment of an autonomous body to regulate content on social media platforms, expressing reservations about the effectiveness of current self-regulatory mechanisms. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the observation on Thursday, while hearing petitions concerning allegedly obscene content in the 'India's Got Latent' show. The court's concern extends to the potential for "anti-national content" to rapidly spread online, emphasizing the need for an impartial and independent authority, free from the influence of both platform users and the state.
The bench has expanded the scope of the matter to consider broader guidelines addressing online obscenity. The court suggested that an individual's Aadhaar number could potentially be used for age verification to access online content that may be deemed obscene. CJI Kant clarified that this was merely an illustrative suggestion, emphasizing the importance of balancing fundamental rights and avoiding measures that could stifle freedom of speech. He also pointed out the need for warnings regarding adult content in programs, suggesting age verification methods before the content begins. Justice Bagchi highlighted the necessity of "preventive mechanisms" to protect freedom of speech while safeguarding society.
During the proceedings, Attorney General R Venkataramani and Solicitor General Tushar Mehta informed the court that the central government is proposing new guidelines and is consulting with stakeholders. Mehta stated that the issue extends beyond obscenity to include "perversity" in user-generated content on platforms like YouTube. CJI Kant expressed concern over the lack of accountability for content creators, questioning the effectiveness of self-regulation in addressing the issue.
Senior Advocate Amit Sibal, representing the Indian Broadcast and Digital Foundation, highlighted the existing regulations in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which are currently being challenged before the Delhi High Court. Sibal noted that OTT platforms are voluntarily adhering to the Digital Media Ethics Code by labeling content and providing age classifications, despite some provisions being stayed.
The Supreme Court's call for an autonomous regulatory body reflects a growing concern over the proliferation of harmful content online and the perceived inadequacies of self-regulation. The proposed body should be neutral and free from external influences. The discussion included a suggestion for Aadhaar-based age verification for accessing certain content, but the court is also mindful of protecting freedom of speech. The Centre is currently considering new guidelines and consulting with stakeholders to address these complex issues.
