SC’s Order on Social Media Regulation
-
Bench: Justices Surya Kant & Joymalya Bagchi.
-
Directive: Union govt. to frame guidelines for regulating social media, in consultation with National Broadcasters and Digital Association (NBDA).
-
Reason: Influencers commercialising free speech in ways that can hurt sentiments of vulnerable groups.
-
Complaint by SMA (Spinal Muscular Atrophy) support group against stand-up comedians for derogatory remarks.
-
Court’s observation:
-
Free speech ≠ absolute, especially when used for commercial purposes.
-
Guidelines should address evolving challenges of modern communication.
-
-
Action ordered: Comedians to issue public apologies on YouTube & other platforms.
Free Speech & Constitutional Limits
-
Article 19(1)(a): Freedom of speech and expression.
-
Article 19(2): Reasonable restrictions allowed on 8 grounds –
-
Sovereignty & integrity of India
-
Security of the State
-
Friendly relations with foreign states
-
Public order
-
Decency & morality
-
Contempt of court
-
Defamation
-
Incitement to offence
-
-
Key Judgments:
-
Shreya Singhal v. Union of India (2015): Struck down Section 66A IT Act, vague terms like “annoyance” cannot justify restrictions.
-
Kaushal Kishore v. State of U.P. (2023): Grounds in Art. 19(2) are exhaustive; cannot be expanded.
-
Imran Pratapgadhi case (2025): Even speech that discomforts judiciary must be protected.
-
Commercial Speech
-
Hamdard Dawakhana v. Union of India (1959): Commercial ads not free speech if only trade-related.
-
Tata Press v. MTNL (1995): Commercial speech = protected if in public interest (information dissemination).
-
A. Suresh v. State of Tamil Nadu (1997): Free speech tied with business must be balanced with societal interests.
-
Distinction:
-
Public interest commercial speech → protected.
-
Purely private/commercial interests → limited protection.
-
Current Framework
-
IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 already regulate platforms.
-
Influencers can be held liable under existing criminal law.
-
Additional regulation must be carefully drafted to avoid overreach.
Implications
-
Push for accountability of influencers & online speech.
-
Risk of overregulation → chilling effect on free expression.