The Supreme Court has directed the Centre to place on record its proposed guidelines to regulate conduct on social media, including various forms of content, which it ordered are to be crafted in consultation with the News Broadcasting Standards Authority (NBSA). The government has been given time till the next hearing of the matter in November. The ruling stressed the need for these norms to be future-ready and not a "knee-jerk reaction" to isolated incidents
"Such guidelines shall be drafted with consultation by NBSA. The suggestions and viewpoints of all stakeholders shall be taken. The guidelines shall not be a knee-jerk reaction to any incident, but shall be wide enough to cater to future challenges," the Supreme Court bench of Justices Surya Kant and Joymalya Bagchi said in order on Monday.
The NBSA was represented by advocate Nisha Bhambhani in the Supreme Court.
Key directives issued by the SC:
- Drafting of guidelines must involve NBSA, ensuring that the suggestions and viewpoints of all stakeholders are incorporated.
- The norms should not be formulated in haste, but must be sufficiently comprehensive to address evolving challenges in the media landscape.
- A follow-up hearing is scheduled for November, giving the government time to submit the guidelines.
Social media content controversies
“Humour is part of life and we can take jokes on ourselves. But when you start making fun of others, there is a breach of sensitivity. India is a diverse country with so many communities, and these are the so-called influencers of today. When you are commercialising speech, you cannot use a community and hurt their sentiments,” Justice Bagchi remarked during the hearing.
The apex court was hearing a batch of petitions concerning comedians and podcasters who have faced legal trouble over their online content. During the proceedings, the bench observed that while humour is an essential part of life, influencers must be mindful of community sensitivities in a diverse country like India.
The plea was filed by YouTuber and podcaster Ranveer Allahbadia, popularly known as BeerBiceps, regarding alleged obscene remarks he made during an episode of Samay Raina's show India’s Got Latent.
Also listed was a petition filed by Cure SMA India Foundation, accusing Raina of making insensitive comments about the high cost of treatment for Spinal Muscular Atrophy. Raina is further alleged to have ridiculed a person with a disability.
The petition additionally seeks regulations for online content that violates the right to life and dignity of persons with disabilities.
