Obscene online content: SC suggests Aadhaar verification, independent body for regulation

Expressing dissatisfaction with the effectiveness of the “self-regulation” model followed by media entities, the Supreme Court on Thursday stressed the need for a “neutral, independent and autonomous” body to regulate obscene, offensive or illegal content on various online platforms.

A Bench of CJI Surya Kant and Justice Joymalya Bagchi suggested age verification through Aadhaar for accessing online content deemed “obscene”.

“See the issue is warning is given and the show starts. But by the time you decide not to watch, it starts. The warning can be for a few seconds...then perhaps ask for your Aadhaar card etc. So that your age can be verified and then the program starts,” the Bench said while hearing petitions against comedians and podcasters for their objectionable online content.

Noting that these were illustrative suggestions, the Bench said, a group of experts from different fields, including those from the judiciary and the media could come up with something on a pilot basis which could be considered.

“We need to build a responsible society and once that happens, most of the problems will be solved,” it said.

Noting that “self-styled” bodies will not be enough to address the problem, the Bench said, “Only an autonomous body is needed to decide for the interregnum period to see if something can be allowed or not...if permissible then fine. If everything is allowed then what will happen?”

The top court, however, clarified that fundamental rights would have to be balanced and that it would not approve of “something which can gag somebody”.

It sought to emphasise that unlike in the US, free speech is not absolute in India and “reasonable restrictions” could be imposed on the right to freedom of speech and expression under Article 19(2) of the Constitution.

As advocate Prashant Bhushan, representing a professor with disability, mentioned academic freedom to talk about Sikkim and China, Solicitor General Mehta strongly objected to it.

Mehta said measures were needed in respect of user-generated content, as a person cannot do “everything and anything” under the garb of free speech.

“It is strange that I create my own channel and keep doing things without being accountable. Yes, free speech has to be protected...suppose there is a program with adult content...there can be warning in advance with parental control,” the Bench said.

Expressing concerns over ‘anti-national’ content, the Bench wondered if self-regulation would be sufficient to tackle it.