The Supreme Court(SC) of India has directed the Ministry of Information and Broadcasting (MIB) to prepare a draft mechanism for the pre-screening of user-generated content before it is uploaded on social media platforms. The bench, comprising CJI Surya Kant and Justice Joymalya Bagchi, noted the rapid speed at which harmful content spreads and its potential to trigger unrest before authorities can take action, emphasizing the current statutory vacuum in regulating such posts.
The directive came during a hearing where the bench highlighted that the concern is not to curb free speech but to introduce a reasonable, preventive framework. The Supreme Court observed that while the right to freedom of speech is vital, it is a regulated right and cannot remain unchecked in a digital environment where objectionable or misleading content can go viral within minutes.
The need for a pre-screening mechanism stems from the inherent nature of social media, where content can cause widespread harm instantly.
- The Court’s Stance: The bench acknowledged that the existing self-regulatory codes proposed by associations representing broadcasters and OTT platforms have shown limited efficacy, as objectionable content continues to appear online frequently.
- The Mandate: The Supreme Court has given the I&B Ministry four weeks to draft and publicize the proposed guidelines. The Ministry is also mandated to invite objections and suggestions from the public regarding the draft mechanism before finalizing the rules.
This landmark directive signals a major move toward establishing accountability and a preventive regulatory layer for user-generated content on digital platforms in India.
Key Highlights:
- The Supreme Court of India (SC) has directed the Ministry of Information and Broadcasting (MIB) to prepare a draft mechanism for the pre-screening of user-generated content on social media platforms.
- The SC bench, including CJI Surya Kant, emphasized that the goal is to create a reasonable, preventive framework to counter harmful content that spreads rapidly and can cause unrest.
- The Court noted that while the right to free speech is vital, it is a regulated right and cannot remain unchecked in the current digital environment, questioning the efficacy of existing self-regulatory codes.
- The MIB has been given four weeks to draft and publicize the proposed guidelines, after which it must invite objections and suggestions from the public.