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ESC

In Summary

The Supreme Court urges new regulations, an independent regulator, age verification, and effective mechanisms to curb harmful, viral, and misinformation content on digital platforms for accountability and safety.

In Summary

Supreme Court emphasized the need for effective mechanism to regulate user-generated content, ensuring accountability for content uploaded online. 

Concerns raised by the Supreme Court

  • Virality and Velocity of Online Content: Harmful posts can go viral within seconds, rendering reactive takedown mechanisms ineffective before reputational or security damage occurs.
  • Adult Content: One-line “adult content” warnings are insufficient and fail to prevent minors from accessing explicit material.
  • Unregulated Nature of User-Generated Channels: Individuals can run online channels without regulatory oversight, enabling unverified or provocative content to spread unchecked
  • Misinformation: While dissent is democratic, digital platforms become problematic when misinformation is used to incite hatred, distort facts, or trigger social unrest.

Proposal and Directions by Supreme Court

  • Drafting of New Guidelines: Directed the Centre to frame fresh rules for all digital content – UGC (User Generated Content), OTT, news, and curated content —after public consultation.
  • Autonomous Regulator: Court suggested establishing a neutral, independent authority to regulate online content, replacing or supplementing existing self-regulation models.
  • Expert Committee: Constitute an expert committee with domain experts and persons with judicial background to study the issue.
  • Age Verification System: Aadhaar or PAN-based checks were proposed to verify user age before accessing adult or explicit content, moving beyond mere disclaimers.

Existing Legal Mechanisms

  • Information Technology Act, 2000 (IT Act) and IT Rules 2021: Mandate grievance redressal officers, time-bound removal of unlawful content, and due diligence for intermediaries.
    • In October 2025, the government proposed rules to ensure AI-generated content is clearly labelled and verified by intermediaries before upload.
  • Bharatiya Nyaya Sanhita (BNS), 2023:  Criminalises defamation, obscenity, sedition-like acts, and incitement to violence.
  • Self-regulatory codes of digital platforms: OTT services and broadcasters have internal guidelines, rating systems, and content moderation procedures.
  • Judicial remedies: Victims can seek damages, injunctions, or criminal proceedings after harm is inflicted.
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