Supreme Court urges Union government to frame guidelines for regulating social media content and free speech
The Supreme Court has urged the Union government to formulate guidelines for regulating social media content, particularly concerning influencers who commercialize free speech in ways that offend vulnerable groups. The directive arose from an application alleging derogatory comments against individuals with Spinal Muscular Atrophy (SMA). The Court emphasized that free speech for "commercial purposes" should not hurt sentiments and that any additional regulation must be carefully drafted to avoid impinging on fundamental free speech rights. The Constitution permits restrictions on free speech only on eight narrowly defined grounds under Article 19(2), and the Court has consistently held that these grounds are exhaustive and cannot be expanded.
Key Points
- The Supreme Court directed the Union government to frame guidelines for regulating social media content, especially commercial free speech by influencers.
- The Court stressed that commercial free speech should not offend the sentiments of vulnerable groups.
- Restrictions on free speech are permissible only on eight narrowly defined grounds under Article 19(2) of the Constitution.
- Previous rulings, like Shreya Singhal v. Union of India (2015), have struck down vague grounds for restricting speech.
- The Court's jurisprudence on commercial speech has evolved, recognizing its public interest aspect while balancing it with societal interests.
Exam Facts
- Supreme Court order on August 25, 2025.
- Article 19(2) of the Constitution lists eight grounds for restricting free speech.
- Case: Shreya Singhal v. Union of India (2015) struck down Section 66A of the IT Act, 2000.
- Case: Kaushal Kishore v. State of Uttar Pradesh (2023) reiterated Article 19(2) grounds are exhaustive.
- IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
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