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Top Court Seeks Social Media Regulation Guidelines, Flags Free Speech Misuse

A bench of Justice Surya Kant and Justice Joymalya Bagchi expressed concern over what it described as the "commercialisation" of free expression by social media influencers.

Top Court Seeks Social Media Regulation Guidelines, Flags Free Speech Misuse
The next hearing in the matter has been scheduled for November.
New Delhi:

The Supreme Court on Monday directed the Centre to place on record draft guidelines aimed at regulating social media content, stressing that the framework must be prepared in consultation with the News Broadcasting Standards Authority (NBSA). The next hearing in the matter has been scheduled for November.

A bench of Justice Surya Kant and Justice Joymalya Bagchi expressed concern over what it described as the "commercialisation" of free expression by social media influencers, warning that unregulated content risks harming vulnerable groups, including persons with disabilities, women, children, senior citizens and minorities.

The court said the proposed guidelines should be drawn up in collaboration with national broadcasters and the Digital Association, and must cover not only video and posts but also emerging formats such as podcasts. Advocate Nisha Bhambhani appeared for the Digital Association during the proceedings.

The observations came while the bench was hearing a petition against stand-up comedian Samay Raina over alleged insensitive jokes about persons with disabilities. The court said the remarks amounted to a misuse of free speech.

"Laughter is an integral part of life, but sensitivity should not be violated in lightness. We are a country of diverse communities," Justice Bagchi observed. Justice Surya Kant added that jokes targeting persons with disabilities undermine the constitutional goal of bringing them into the mainstream.

The bench also stressed that the guidelines must clearly spell out penalties for violations. "Unless the consequences are effective, people will keep wandering here and there to avoid responsibility. These consequences should not be just a formality," Justice Surya Kant said.

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