Policies/Regulation
On August 25, 2025, while listening to the case against Samay Raina and others, the Supreme Court asked the Central government to frame guidelines to regulate speech on social media. Since influencers on social media often monetise their content, they commercialise free speech in ways that might be offensive to vulnerable and marginalised communities, the court said.
“Influencers of today should realise that commercialising speech comes with a responsibility,” said a Bench comprising Justices Surya Kant and Joymalya Bagchi. The top bench then directed the Union government to prepare regulations in consultation with the National Broadcasters and Digital Association.
With nearly 34 per cent of India’s population, the new guidelines have caused much furore. The court specified that any guidelines from the Centre should not be “a knee-jerk response” to a single incident, but rather should be forward looking. However, stakeholders such as content creators are not unconvinced and have expressed fear that the new guidelines will give the government a new way to curb their freedom of speech online. Meanwhile, others are optimistic that such directives could curb online bullying and hate speech against vulnerable groups such as the disabled and women.
Opponents, however, warn that pushing people off mainstream social platforms may lead them into less monitored, riskier corners of the internet.
Under Article 19(1)(a) of the Indian Constitution, free speech in India is subject to “reasonable restrictions”. Article 19 goes on to cite public order, decency, defamation, incitement to offence as reasonable restrictions. While several PILs are pending before the court from vulnerable groups, any new guidelines would have to fit within the established Constitutional limitations. However, judicial intervention in asking the Centre to frame fresh guidelines—over and above those in the IT Act and IT Rules— signals that judges could also read a person’s right to dignity as one of the limitations of free speech online.
