The Supreme Court of India has recently voiced strong concerns regarding the current regulatory framework for online content, particularly user-generated content on social media platforms. During a hearing on Thursday, November 27, 2025, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi emphasized the need for an effective mechanism to regulate such content and proposed the creation of an independent oversight body. The court's remarks came while hearing pleas from YouTuber Ranveer Allahbadia and others who were facing FIRs over alleged obscene comments made during the "India's Got Latent" show hosted by Samay Raina.
The Supreme Court has directed the Information and Broadcasting Ministry to formulate a mechanism for pre-screening user-generated content on social media.
One of the key concerns raised by the court was the accessibility of adult content to minors. The bench questioned the adequacy of existing one-line disclaimers, which they believe are often overlooked before objectionable material begins playing. To address this, the court suggested exploring stronger age-verification mechanisms, potentially including Aadhaar-based verification, before allowing access to explicit or sensitive content. Chief Justice Kant noted that warnings are often displayed for mere seconds before the content starts, giving users little time to make an informed decision. He suggested that a more robust system, possibly involving Aadhaar verification, should be implemented.
Solicitor General Tushar Mehta, representing the Centre, argued that the issue goes beyond obscenity and includes "perversity". He highlighted the lack of control over user-generated content, where individuals can create channels and programs without being subject to statutory regulations. Attorney General R Venkataramani assured the court that the Centre is proposing new guidelines and that stakeholder consultations will be conducted.
The court acknowledged the importance of protecting freedom of speech and expression but stressed the need to balance this right with the protection of society and children's dignity. Justice Bagchi stated that while the right to speech must be respected, the impact it generates must also be considered, suggesting the need for preventive mechanisms. The court clarified that the intention of the regulations is not to "throttle" anyone but to create a "sieve" to filter content.
Senior Advocate Amit Sibal, representing the Indian Broadcast and Digital Foundation, pointed out that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, already provide a regulatory framework, although they are currently under challenge before the Delhi High Court. Despite some provisions being stayed, Sibal noted that OTT platforms like Netflix are voluntarily adhering to the Code. However, Chief Justice Kant questioned the effectiveness of self-regulation, citing the recurrence of incidents despite these mechanisms. He emphasized the need for a neutral, autonomous body, free from external influence, to serve as a regulatory measure.
The Supreme Court has directed the central government to draft guidelines within four weeks, following public consultations. The court seeks to establish a system that balances freedom of expression with the need to prevent the spread of harmful or inappropriate content, particularly to minors. The next hearing on this matter will take place after four weeks.
