November 28, 2025
NEW DELHI – The Supreme Court, in an important observation, suggested on Thursday that an autonomous regulator be set up to monitor online content. The court said that everything cannot be allowed online without accountability.
The court observation came as the Centre informed it today that it is in the final stages of putting together a regulatory framework for keeping a check on explicit and harmful content on social media platforms.
The Union government informed the Supreme Court bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi that the proposed guidelines would be put in the public domain soon to seek suggestions from citizens, experts, and other stakeholders. The court was informed that the Union Ministry of Information and Broadcasting was finalising the guidelines and sought four more weeks for the same.
The submission came as the court heard a batch of petitions filed by YouTubers Ranveer Allahbadia, Ashish Chanchlani, and others who have been booked over alleged obscene and offensive remarks made during the controversial show “India’s Got Latent”.
The apex court noted during the hearing that amendments may need to be made to existing law provisions in order to keep meaningful checks on online content.
‘The law is helpless’
Solicitor General Tushar Mehta told the court, “I have spoken to the concerned minister. Before dealing with obscenity, we must first deal with wrongful acts. Anyone can create a YouTube channel, say anything under the garb of free speech, and the law is helpless. That cannot continue.”
To this, the SC bench said that the Central government may explore the setting up of an autonomous regulatory body to monitor online content.
“If everything is allowed to be spoken or shown without accountability, what will be the consequence?” the bench remarked.
“Obscenity can appear in books or paintings, and those can be restricted. But when you switch on your phone, and something appears that you do not want to see – and it is forcibly pushed at you – what is the remedy?” the court pointed out.
During earlier hearings in the matter, the Supreme Court had reprimanded several stand-up comedians, including Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Tanwar, for making insensitive jokes about an infant suffering from spinal muscular atrophy.
The court had, in August this year, directed Raina and four others to apologise publicly on social media over their offensive remarks. The court had then indicated its intention to frame guidelines regulating obscene or harmful content on social media. The court had underscored that freedom of speech and expression under Article 19 was not over and above the right to dignity enshrined in Article 21.