SC directs Centre to frame social media guidelines with NBSA consultation: What it means for influencers and online content

The Supreme Court of India has directed the Union government to draft comprehensive guidelines to regulate social media content, stressing that the process must involve consultation with the News Broadcasting Standards Authority (NBSA) and other stakeholders. The court emphasized that the rules should not be a “knee-jerk reaction” to isolated controversies but instead future-ready to address the evolving digital landscape.

The order came while hearing petitions filed by popular comedians and podcasters who have faced legal trouble for allegedly offensive online content. The petitioners included Samay Raina and Ranveer Allahbadia (BeerBiceps), whose remarks on podcasts and shows sparked outrage.

SC stresses balance between humour and sensitivity

A bench comprising Justices Surya Kant and Joymalya Bagchi underlined that humour is an integral part of free expression but cannot cross the line into community insult or discrimination.

The court noted that while comedians and podcasters enjoy creative freedom, they must remain conscious of the pluralistic fabric of India and avoid content that demeans communities or individuals, especially when it is monetised.

Key directives from the Supreme Court

The SC outlined clear steps for the Centre in drafting social media regulations:

• Guidelines must be formulated in consultation with NBSA, ensuring representation of multiple stakeholders, including civil society and digital platforms.
• The norms should be comprehensive and forward-looking, addressing not just current controversies but also future challenges in online content.
• Draft guidelines must be placed before the court in November 2025, when the next hearing is scheduled.

Advocate Nisha Bhambhani appeared on behalf of NBSA, which has been tasked with offering expert inputs in shaping the regulatory framework.

The petitions and controversies

The petitions before the court highlighted how comedians and influencers often face FIRs and legal action over remarks made on podcasts, stand-up shows, and social media.

• Ranveer Allahbadia (BeerBiceps) approached the court over a case filed against him for allegedly obscene remarks made during comedian Samay Raina’s show, “India’s Got Latent.”
• A separate petition by the Cure SMA India Foundation accused Raina of making insensitive jokes about the high cost of treatment for Spinal Muscular Atrophy (SMA) and of ridiculing a person with a disability.

The petitioners argued that such incidents highlight the urgent need for clear, uniform guidelines that safeguard both free speech and dignity, preventing arbitrary action against creators.

Why this ruling matters

The SC’s directive is a major development in the ongoing debate around freedom of expression vs. responsible digital content in India. With millions of Indians consuming content on platforms like YouTube, Instagram, and Spotify, the guidelines could shape how humour, commentary, and influencer marketing operate in the future.

The emphasis on NBSA involvement suggests that the regulations will likely mirror broadcast standards while adapting to the unique challenges of the digital space. This could include content moderation frameworks, sensitivity rules, and penalties for violations, without stifling creativity.

As India prepares for a new national social media policy, the November hearing will be crucial in determining the balance between creative freedom and accountability online.