Supreme Court's Consideration on User-Generated Content (UGC) Guidelines

The Supreme Court of India is contemplating the introduction of guidelines against user-generated content (UGC) to shield individuals from harmful online material.

Key Concerns and Suggestions

• The Court highlighted the potential dangers of UGC, which could harm reputations or contain adult content before being removed.
• Suggested the creation of an “impartial and autonomous authority” to assess and vet permissible content.
• Proposed measures such as sharing Aadhaar details to verify user age, stressing the inadequacy of simple warnings for adult content.

Balance Between Free Speech and Regulation

• The court emphasized that while free speech is vital, as protected under Article 19(2) of the Constitution, it must be balanced with reasonable regulation.
• Chief Justice voiced concerns over the lack of accountability for users creating their own online channels.
• Advocate Prashant Bhushan insisted that any guidelines restraining free speech should undergo public consultations.

Challenges with Current Measures

• The Court acknowledged the existing laws allowing victims to seek damages post-harm but noted a lack of preemptive protection before online publication.
• Justice Bagchi pointed out the swift spread of content across borders and the inefficiency of current takedown procedures.

Suggestions for Improvement

• Justice Bagchi emphasized the need for preventive mechanisms to curb misinformation and prevent potential harm.
• The Court and stakeholders expressed the need to address the delayed response time of intermediaries to viral content.