SC asks Centre to pre-screen user content before it goes live on social media

The Supreme Court on Thursday directed the information and broadcasting ministry to prepare a draft mechanism to screen user-generated content before it is uploaded on social media, citing concerns over material that can trigger unrest before it is taken down, The Times of India reported.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said, “Right to freedom of speech is very important, but a regulated right. It is not absolute like the First Amendment Rights in the US. Self-regulatory codes may not work in the case of UGC.”

The bench fears that if anti-national content is uploaded on social media, it may take a day or two for the government to detect it and order its removal, during which time the material could go viral and cause damage or unrest in society.

The bench stressed that the court was not seeking to curb speech. “We are on a reasonable preventive mechanism, not to throttle but sieve content on social media prior to uploading,” the court said.

Two industry bodies representing broadcasters, OTT platforms and digital channels told the court that self-regulatory codes were sufficient. The bench questioned their effectiveness, asking, “If the self-regulatory code is working, why is such content getting posted on social media?” It added that content assessment should be handled by an autonomous body, noting, “Speaking against the govt is not an anti-national activity. That is a precious democratic right.”

The court directed the I&B ministry to draft guidelines within four weeks and then publish them to gather public feedback. Attorney General R. Venkataramani and Mehta told the court the ministry would complete the exercise within the deadline. The bench said the government should consult domain experts, jurists and media professionals while preparing the draft, TOI reported.