Recently, the Supreme Court of India directed the Ministry of Information and Broadcasting to establish guidelines for regulating user-generated content (UGC). This initiative aims to protect individuals from harmful, obscene, or anti-national material circulating on digital platforms.
The Supreme Court is currently reviewing petitions challenging FIRs regarding alleged obscene remarks made on a comedy television show. During the proceedings, the Court highlighted the growing prevalence of obscenity and “perversity” in online content. It underscored the urgent necessity for effective mechanisms to control the virality of harmful material, prevent misinformation, and safeguard lives, dignity, and property.
The Court noted that UGC can spread rapidly, often causing lasting harm before it can be removed. Existing legal remedies typically address issues only after the damage has occurred, making takedown mechanisms insufficiently timely to prevent harm.
While Article 19(1)(a) guarantees freedom of speech and expression, the Court emphasized that reasonable restrictions under Article 19(2) must reconcile free speech with victims’ rights and safety, as they may experience irreparable harm before any legal recourse is available.
The Supreme Court recommended implementing stricter age verification measures, such as Aadhaar-based verification, instead of relying solely on brief “adult content” warnings. The Court also pointed out the accountability gap for individuals creating and operating online content channels.
The Court proposed establishing an independent authority to evaluate whether content is “prima facie permissible” before it gains widespread circulation. This authority would be free from government and private broadcaster influence.
A senior advocate expressed concerns regarding the term “preventive” in the proposed guidelines, suggesting it might be interpreted as pre-censorship. To avoid constitutional issues, the advocate recommended using the term “effective.” Furthermore, they emphasized the need for public consultation during the guideline formulation and cautioned against vague terms such as “anti-national,” which could lead to misuse.
Section 294 penalizes the sale, distribution, advertisement, or electronic display of obscene material, covering both physical and digital forms. First-time offenders may face imprisonment of up to two years and a fine of ₹5,000. Obscene material is defined as content excessively sexual or likely to corrupt viewers.
This provision pertains specifically to the publishing or transmission of obscene material online. It shares a similar definition of obscenity but prescribes stricter penalties of up to three years’ imprisonment and fines of up to ₹5 lakh for first offences.
Part III of the IT Rules, 2021, mandates a three-tier grievance redressal mechanism, content classification norms, and safeguards for children. However, many provisions of these rules have been stayed by various High Courts, limiting their enforcement.
Q1. What are the Supreme Court's recent directives concerning UGC?
Answer: The Supreme Court directed the Ministry of Information and Broadcasting to frame guidelines for regulating user-generated content to protect individuals from harmful and obscene material online.
Q2. Why is regulating UGC important?
Answer: Regulating UGC is crucial to prevent the spread of harmful, obscene, or anti-national content, which can cause significant damage to individuals and society at large.
Q3. What legal penalties exist for obscene content in India?
Answer: Under Section 294 of the BNS, first-time offenders face up to two years in prison and fines, while the IT Act imposes harsher penalties of up to three years and larger fines for online obscene material.
Q4. What is the significance of age verification measures?
Answer: Age verification measures are essential to restrict minors from accessing inappropriate content, ensuring online safety and protecting vulnerable individuals from harmful material.
Q5. What is the proposed role of the independent authority in content regulation?
Answer: The independent authority is proposed to assess whether content is "prima facie permissible" before it is widely circulated, ensuring accountability and reducing harmful content online.
Question 1: What was the Supreme Court's directive regarding user-generated content?
A) To ban all online content
B) To frame guidelines for regulation
C) To promote user-generated content
D) To ignore existing regulations
Correct Answer: B
Question 2: Which provision penalizes obscene content online?
A) Section 294 of the BNS
B) Section 67 of the IT Act
C) Digital Media Ethics Code
D) None of the above
Correct Answer: B
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