'What happens if everything is allowed?': Supreme Court flags concerns on online content in Latent row hearing
The Supreme Court made the observations while hearing a case involving popular content creators Samay Raina, Ranveer Allahbadia and other comedians.
The Supreme Court on Thursday flagged several concerns over ‘objectionable content’ circulating online, and discussed what measures can be taken to ensure that while freedom of speech is protected, no sentiments are hurt either.
The court made the observations while hearing a case involving popular content creators Samay Raina, Ranveer Allahbadia and others, linked to a controversy that broke out a few months ago over an episode of a show on YouTube titled India's Got Latent.
Solicitor General Tushar Mehta, who was appearing for the government, informed the court how one cannot do "anything and everything" under freedom of expression, suggesting regulation of user generated content.
During the hearing, Chief Justice of India Surya Kant noted that while free speech has to be protected, in cases of adult content a warning can be issued in advance for parental control. "It is strange that I create my own channel and keep doing things without being accountable," he was quoted as saying by Bar and Bench.
The counsel representing the Indian Broadcast and Digital Foundation then informed the top court while warnings are in place, the Digital Media Ethics Code, that pertains to content on streaming platforms like Netflix, is subjudice.
'Will self-regulation suffice?'
Both CJI Kant and Justice Joymalya Bagchi noted that self-regulation or self-styled bodies to monitor content cannot help in all cases.
“When content is anti national or disruptive of society structure .. will self regulation suffice?…the difficulty is response time and by the time govt responds the things have gone viral with billion views,” Justice Bagchi said.
Further in its observations, the court noted that an autonomous body is needed to regulate content online, and called for a balance of fundamental rights. “If everything is allowed then what will happen?”, CJI Kant said.
Obscenity in online content
The Supreme Court also made some pointed observations on how the the filtering of obscene content works differently in online content. “Obscenity can be in book, painting etc. If there is an auction.. there can be restrictions also. The moment you switch on phone and something comes which you don't want or is forced on you then what?" the CJI said.
Justice Bagchi added to this point, suggesting there be a warning for all groups, not just adults, who may be taken aback by what they see next before they stream something online.
CJI Kant suggested some measures for specific content, like asking for the user's Aadhaar card after the warning ends, to make sure that the person is an adult. “Let something come up on pilot basis and if it clogs free speech and expression it can be looked at then," the CJI said, adding that there was a need to build a responsible society.
SC's directive to Samay Raina, other comics
Comedian Samay Raina had allegedly cracked jokes on persons with disabilities, and the Cure SMA (Spinal Muscular Atrophy) Foundation had filed a petition in the Supreme Court seeking directions to prevent comedians from making such comments.
Hearing the submissions on Thursday, the Supreme Court directed Samay Raina and three other comics to persuade and invite the specially abled persons on their shows and organise at least two events a month to raise funds.
"We are confident that if the respondents show sincerity about showing their achievements.. they will also come on the platform for wider publicity of their cause. We hope and expect that such few memorable events will take place before we hear matter the next date. Let such two programs be held twice a month," the court reportedly said.
A huge controversy had erupted earlier this year over objectionable content on one of the episodes of a popular YouTube show called ‘India’s Got Latent'. Samay Raina and Ranveer Allahbadia were among those on the panel of the show and faced flak for the content of that episode.
