What's New :
GS Mains Classes 2026-27. Visit Here...
4th March 2025 (14 Topics)

SC on Regulation of Online Content

Context

The Supreme Court of India directed the Solicitor General (SG) Tushar Mehta to suggest regulatory measures to curb the use of "filthy language" and "vulgarity" in online content, particularly in comedy shows and podcasts. The court emphasized the need to differentiate between humour and perversity while maintaining freedom of speech.

Regulation of Online Content: The Legal Debate

  • Balancing Free Speech and Regulation: Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression. However, Article 19(2) allows reasonable restrictions on grounds like public order, morality, and decency.
  • The Court aims to avoid censorship while ensuring content creators maintain ethical standards.
  • Role of the Government: The Centre has been asked to propose regulatory mechanisms for online content.
  • The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 already regulate OTT platforms and social media, but their implementation needs strengthening.
  • The Supreme Court indicated the need for a balanced approach rather than outright censorship.

India’s digital censorship framework

  • Bharatiya Nyaya Sanhita (BNS), 2023, Section 294: This law criminalizes the sale, import, export, advertisement, or profit from obscene material, including the display of content in electronic form.
    • Obscene material is defined as material that is lascivious, appeals to prurient interests, or has the potential to deprive and corrupt individuals likely to view it. This could include excessive sexual content or content harmful to public morals.
    • Punishments under Section 294 include up to 2 years imprisonment and a fine of up to Rs. 5,000 for first-time offenders.
  • Information Technology (IT) Act, 2000 – Section 69A empowers the government to block online content in the interest of national security, public order, and preventing incitement of offenses.
  • Intermediary Guidelines & Digital Media Ethics Code, 2021 regulates social media intermediaries (Facebook, Twitter, WhatsApp), OTT platforms (Netflix, Amazon Prime), and digital news media by mandating a grievance redressal mechanism, compliance with government takedown requests, and additional due diligence for significant social media platforms.
    • Self-Regulation by OTT Platforms includes compliance with frameworks such as the Digital Publishers Content Grievances Council (DPCGC) to ensure ethical content without direct government censorship.
  • Cinematograph Act, 1952 (Proposed Amendments) aims to bring OTT platforms under similar censorship regulations as theatrical films and introduces penalties for unauthorized film piracy and improper content.
  • Press & Registration of Periodicals Bill, 2023 seeks to regulate digital news platforms and ensure editorial accountability while adhering to professional journalism standards.

PYQ

Q: What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.  (2014)

X

Verifying, please be patient.

Enquire Now