Supreme Court Calls For Pre-Screening Guidelines On Social Media Posts

The Supreme Court of India has raised concerns over the unchecked spread of user-generated content (UGC) on social media platforms, directing the Ministry of Information and Broadcasting to prepare a mechanism for pre-screening posts before they go live. The bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, emphasized that while freedom of speech is vital, accountability and preventive measures are equally necessary to safeguard society from misinformation and potentially destabilizing content.  

Key highlights from the announcement include  

• The directive seeks an “effective sieve” to regulate UGC without throttling free expression.  
• The court noted that prosecution after harmful content is uploaded is insufficient, as damage may already occur.  
• Concerns were raised about anti-national or obscene content going viral before detection and removal.  
• The case originated from a petition filed by podcaster Ranveer Gautam Allahbadia, who faced complaints over vulgar remarks on his show.  
• The bench clarified that freedom of speech in India is regulated and not absolute, unlike the First Amendment rights in the US.  
• Self-regulatory codes by platforms were deemed inadequate, prompting the need for government-led guidelines.  
• The court stressed that responsibility must be attached to individuals creating and uploading content.  
• The Ministry of Information and Broadcasting has been tasked with drafting preventive mechanisms to curb misuse.  

This development marks a significant step in India’s evolving digital governance framework. By calling for pre-screening mechanisms, the Supreme Court aims to bridge the gap between free expression and accountability, ensuring that social media remains a space for dialogue without becoming a vehicle for misinformation or harmful narratives. The guidelines, once drafted, are expected to spark debate on balancing regulation with individual rights in the digital age.  

Sources: Firstpost, Times of India, Social Samosa