Should commercial speech on digital platforms be regulated? , Pg9

Key Highlights:

• The Supreme Court has directed the Union government to formulate guidelines for regulating social media content, particularly concerning influencers and commercial speech [2025-08-25].
• The order was prompted by a petition alleging derogatory remarks made by comedians about individuals with Spinal Muscular Atrophy.
• The court suggested consultation with the National Broadcasters and Digital Association in drafting these regulations.
• Concerns have been raised about the potential for these regulations to stifle free speech and artistic expression.

Detailed Insights:

• The necessity of new regulations is debated, with arguments suggesting existing legal mechanisms under the Bharatiya Nyaya Sanhita and IT Act are sufficient.
• Protecting individual dignity as a ground to restrict speech is contentious, as it is not explicitly listed in Article 19(2) of the Constitution.
• There are fears that regulations could be misused to silence dissenting or unpalatable speech, impacting comedians, satirists, and artists.
• The profit-driven nature of commercial speech is not considered a sufficient justification for its regulation, as commercial speech is protected under Article 19(1)(a).
• Safeguards are needed to prevent misuse of regulations, including strong review mechanisms, respect for constitutional values, and meaningful stakeholder consultation.
• The existing takedown regime under Section 69A of the IT Act is criticized for its opacity and lack of notice to aggrieved individuals.

Key Concepts Involved:

• Article 19(1)(a): Guarantees freedom of speech and expression to all citizens.
• Article 19(2): Lists reasonable restrictions on free speech, such as security of the state, public order, decency, and morality.
• Commercial Speech: Speech that proposes a commercial transaction.