The Supreme Court on Thursday (November 27) signalled a major shift in the debate on regulating online content in India. The bench said that Aadhaar-based age verification, clearer warnings, and stronger laws may be necessary to protect users and uphold dignity and national integrity.
Chief Justice of India Surya Kant and Justice Joymalya Bagchi made these observations while hearing petitions linked to comedians and podcasters who faced legal trouble for recent online remarks.
Aadhaar-Based Age Limit for Online Content: SC
The Supreme Court said that platforms must ensure that minors do not access adult or obscene content. The bench hinted that Aadhaar-based verification could become a possible solution. Justice Bagchi said, “The moment you switch on the phone and something comes which you don’t want [to see] or is forced on you, then what?”
CJI Kant added that age verification could follow visible warnings. He said, “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 also said that any regulatory step must be tested first and modified if it restricts free speech too heavily.
Need for an Autonomous Body to Decide Content Rules
The court said that self-regulation by creators or online associations is not enough. It stressed the need for an independent and neutral body to assess what is permissible.
The CJI said, “Only an autonomous body is needed to decide for the interregnum period to see if something can be allowed or not… If everything is allowed, then what will happen?” The remarks came during a plea by podcaster Ranveer Allahbadia, known as BeerBiceps, over a controversy triggered in a show featuring comedian Samay Raina.
Court Raises Concern Over ‘Anti-National’ Content
Justice Bagchi questioned whether self-regulation can handle content that threatens the nation’s integrity. He said, “When content is anti-national or disruptive of society’s structure… will self-regulation suffice?”
Advocate Prashant Bhushan responded that “anti-national” is vague and could be misused. He warned against criminalising academic work. Justice Bagchi clarified that the issue concerns content that “affects unity, integrity and sovereignty of the nation.” The government informed the court that it was already examining the matter and would update the bench soon.
Call for Stronger Laws to Protect Persons With Disabilities
In another plea, the SC heard concerns over derogatory remarks on persons with disabilities during a comedy show. The bench suggested a law similar to the SC/ST Act to prevent such insults.
CJI Kant said, “Why don’t you think of a very stringent law… where there is punishment if you demean them?” The court rejected the idea that monetary compensation solves the problem. It said creators must respect self-respect and tell real stories of people with disabilities.
States May Need to Rework Digital Policies
The SC’s strong push for age-verification, accountability, and tougher penalties could force major changes in India’s digital policy. States may have to align their cybercrime units, digital literacy programmes, and school-level online safety modules with upcoming national rules.
Experts believe these observations could speed up the government’s work on a new Digital India regulatory framework, impacting streaming platforms, comedy creators, gaming apps, and social media companies.
