Supreme Court Urges Regulation Against Vulgarity in Online Media
- ByAdmin --
- 05 Jun 2025 --
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The Supreme Court of India has expressed serious concern over the rising trend of vulgarity and obscenity in online media platforms. In response, the Court has urged the government and regulatory bodies to frame stringent guidelines to curb the dissemination of offensive content on digital platforms, protecting public morality while balancing freedom of expression.
Context and Background
- The exponential growth of the internet and social media has democratized information but also opened floodgates for objectionable content including vulgar language, obscene visuals, and indecent conduct online.
- Unlike traditional media, online platforms often lack adequate content regulation, leading to widespread concerns about exposure to offensive material, especially among minors.
- The Supreme Court has taken suo-motu cognizance of this issue, highlighting the urgent need for comprehensive regulation in line with constitutional principles.
Supreme Court’s Observations
- The Court emphasized that while Article 19(1)(a) of the Constitution guarantees the right to freedom of speech and expression, this right is not absolute and is subject to reasonable restrictions under Article 19(2).
- It noted that vulgarity and obscenity degrade societal values and negatively impact public morality, which justifies regulatory intervention.
- The Court has urged the Ministry of Information and Broadcasting, the Ministry of Electronics and Information Technology, and other relevant authorities to frame robust guidelines aimed at:
- Defining vulgarity and obscene content clearly.
- Setting parameters for content moderation.
- Implementing effective grievance redressal mechanisms.
- Ensuring accountability of online platforms and content creators.
- Defining vulgarity and obscene content clearly.
Current Legal Framework
Several laws and regulations currently address online content, though many argue these require strengthening:
- Information Technology Act, 2000 (IT Act):
Section 66A (now struck down but previously addressed offensive messages) and Section 69A empower the government to block online content that threatens public order or decency.
- IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:
These rules mandate social media intermediaries and OTT platforms to regulate content and establish grievance redressal mechanisms.
- Indian Penal Code (IPC):
Sections such as 292, 293, and 294 deal with obscenity and public nuisance caused by offensive acts or content.
- Cable Television Networks (Regulation) Act, 1995:
Regulates TV content but has limited scope over digital streaming platforms.
Challenges in Regulating Online Vulgarity
- Scale and Speed:
The vast volume and real-time nature of online content pose significant enforcement challenges.
- Subjectivity:
Determining what constitutes vulgarity can be subjective and culturally sensitive.
- Freedom of Expression vs. Regulation:
Ensuring that restrictions do not stifle legitimate free speech remains a delicate balance.
- Jurisdictional Issues:
Many online platforms operate internationally, complicating enforcement under Indian laws.
Need for a Balanced Approach
- The Supreme Court’s call underlines the need for a balanced regulatory framework that:
- Protects citizens, especially children, from harmful content.
- Safeguards artistic and creative freedom.
- Provides clear guidelines to content creators and platforms.
- Promotes digital literacy and responsible content consumption.
- Protects citizens, especially children, from harmful content.
- Collaboration among government agencies, technology firms, legal experts, and civil society is essential for crafting workable solutions.
Way Forward
- The government is expected to expedite the review of existing regulations and introduce amendments to address gaps highlighted by the Court.
- Enhanced monitoring tools, Artificial Intelligence (AI)-based content filtering, and stricter penalties for violations may be introduced.
- Public awareness campaigns can complement regulation by educating users about responsible online behavior.
Conclusion
The Supreme Court’s directive to regulate vulgarity in online media is a landmark moment in India’s digital governance. It acknowledges the evolving nature of media consumption and the imperative to protect societal values while respecting constitutional freedoms. As India crafts stronger frameworks, the challenge will be to ensure that regulation is effective, fair, and adaptable to future technological changes.
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