The Supreme Court  addressed the need for a ‘neutral, independent, and autonomous’ body to regulate objectionable content on online platforms. While hearing the case against YouTuber Ranveer Allahbadia, Chief Justice Surya Kant expressed dissatisfaction with the efficacy of the “self-regulation” model followed by media entities.

A bench comprising the CJI and Justice Joymalya Bagchi was hearing the petitions filed by Allahabadia and others challenging the FIRs related to obscene content shown and used in the ‘India’s Got Talent’ show. “So I create my own channel, I am not accountable to anyone…somebody has to be accountable,” the Chief Justice said during the proceedings, Live Law quoted.

SG: Issue not just confined to ‘Obscenity’ but…

Solicitor General for India Tushar Mehta noted that the issue at hand was not just confined to “obscenity” but “perversity” in User Generated Content (UGC), published by creators on their YouTube channels or other online platforms. “Freedom of speech is an invaluable right, but it cannot lead to perversity,” SG said.

“Right to speech has to be respected, suppose there is a programme, if it has adult content, so some warning in advance must be there,” the CJI responded. Meanwhile, Senior Advocate Amit Sibal, representing the Indian Broadcast and Digital Foundation, which comprises OTT platforms such as Netflix, told the bench that regulations have already been implemented. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which are currently in place, are under challenge in a batch of petitions transferred to the Delhi High Court, Live Law reported.

He further informed that despite the stay, the OTT platforms were voluntarily following the Digital Media Ethics Code. He noted that there is a body headed by Justice (Retired) Gita Mittal to deal with content complaints.

SC seeks response from govt on social media/OTT content within…

The bench further stated in the order of the submission of the AG that the Ministry of Information and Broadcasting is proposing guidelines to be brought into the public domain for discussion. The matter has been posted for further consideration after four weeks.

“With respect to the evolution of an effective mechanism, we are informed by the learned Attorney General that the Ministry of Information and Broadcasting is proposing certain guidelines which are to be brought into the public domain to invite suggestions from the public at large. Post the matter for further consideration after four weeks,” the bench stated in the order, Live Law reported.

Content being closely watched – SC warns creators

During the hearing, the CJI cautioned the creators that they and their team “need to be very careful in the future,” warning that comments made within India and abroad are being closely watched. Meanwhile, Solicitor General Tushar Mehta noted that the creators had even mocked the Supreme Court itself.