The Supreme Court of India has taken a significant step toward shaping the future of social media regulation by directing the Central Government to frame comprehensive guidelines for online content in consultation with the News Broadcasting Standards Authority (NBSA). The order was issued while the apex court was hearing multiple petitions filed by comedians and podcasters who have faced legal issues due to controversial remarks made in their shows and digital content.

The bench, comprising Justices Surya Kant and Joymalya Bagchi, emphasized that India’s diverse social fabric demands a balanced approach to humour and free expression, ensuring that community sensitivities are respected while upholding the right to free speech. The court made it clear that the guidelines must not be "knee-jerk reactions" to isolated incidents but should be future-ready, capable of addressing evolving digital challenges in the fast-changing online ecosystem.

SC’s Key Directives to the Centre

The Supreme Court highlighted several important points that must guide the framework of the new rules:

1. NBSA involvement in drafting guidelines – The government must consult the NBSA to ensure suggestions from all stakeholders are taken into account.

2. Comprehensive scope – The norms must be broad enough to regulate not just current but also future challenges in social media content.

3. Avoiding haste – The court stressed that the guidelines should not be framed in reaction to specific controversies but should reflect a long-term regulatory vision.

4. Time-bound action – The Centre has been given time until the next hearing in November to present its draft guidelines.

Advocate Nisha Bhambhani represented the NBSA during the proceedings, signaling the importance of the regulatory body’s involvement in shaping media standards in the digital space.

Humour, Sensitivity, and Responsibility

During the hearing, the bench made important observations about the role of comedians, influencers, and digital creators in today’s society.

Justice Joymalya Bagchi remarked, “Humour is part of life and we can take jokes on ourselves. But when you start making fun of others, there is a breach of sensitivity. India is a diverse country with so many communities, and these are the so-called influencers of today. When you are commercialising speech, you cannot use a community and hurt their sentiments.”

This statement underscores the fine line between humour and offence in a pluralistic society like India, where content that may seem harmless to one group could be deeply offensive to another.

Petitions by Content Creators

The SC’s intervention comes in the backdrop of petitions filed by well-known digital creators:

• Ranveer Allahbadia (BeerBiceps) – The popular YouTuber and podcaster filed a petition regarding alleged obscene remarks he made during an episode of comedian Samay Raina’s show India’s Got Latent.

• Samay Raina – Known for his comedic shows and livestreams, Raina faced legal scrutiny after being accused of making insensitive comments about the high cost of treatment for Spinal Muscular Atrophy (SMA). He was also alleged to have ridiculed a person with a disability.

• Cure SMA India Foundation – This petition sought stricter rules for online content that violates the right to life and dignity of persons with disabilities, calling for legal accountability of content creators.

These cases illustrate how digital content is increasingly intersecting with legal boundaries, raising questions about the responsibility of influencers in shaping public discourse.

Why NBSA’s Role Matters

The News Broadcasting Standards Authority (NBSA) has traditionally overseen ethical standards in television broadcasting. By involving NBSA in digital content regulation, the SC signals a move towards harmonising media regulation across platforms. This consultation is expected to bring expertise, consistency, and credibility to the rules governing online content.

The guidelines, once framed, could become the first formal regulatory framework for influencers, comedians, podcasters, and digital content creators in India.

Broader Implications for Digital India

This ruling is not just about comedians or podcasters but represents a larger shift in India’s regulatory approach to digital platforms:

• Freedom vs Responsibility – Influencers enjoy freedom of speech but must use it responsibly, especially when monetising their content.

• Community Sensitivities – The ruling reinforces that India’s diverse cultural and social landscape requires greater sensitivity in online communication.

• Future-Ready Framework – Unlike ad-hoc regulations, these guidelines are expected to evolve with the rapidly changing digital environment.

• Impact on Creators – Once the guidelines are enforced, digital creators may need to exercise greater caution in their content to avoid legal consequences.

What Lies Ahead

The Supreme Court has scheduled the next hearing in November 2025, by which time the Centre is expected to present the draft guidelines. The ruling is a watershed moment in India’s digital policy landscape, marking the beginning of formal regulation for social media conduct.

If implemented effectively, the framework could set a precedent for balancing free expression with social responsibility, while ensuring the rights and dignity of vulnerable groups are safeguarded.

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