Social media regulation: The ministry of electronics and information technology is facing mounting pressure from the parliamentary standing committee to strengthen regulations on online speech, particularly on social media platforms. This push follows the controversy surrounding online influencer Ranveer Allahbadia’s distasteful remarks which have reignited debates over the role of regulatory oversight in safeguarding societal values and protecting the dignity of women and children.
While the Supreme Court on Monday allowed the podcaster and YouTuber to resume his podcast, it also urged the Union government to formulate regulatory measures to curb obscenity on social media and YouTube channels. This judicial nudge adds to the broader discussion on the need for digital oversight while balancing freedom of speech.
READ | India’s GDP growth puzzle: Recovery on track, but challenges remain
Concerns over freedom of expression
Digital rights activists fear that, spurred by the Allahbadia controversy and Supreme Court observations, the government may impose stringent regulations that could curtail freedom of expression. While the Supreme Court has underscored that such measures must not amount to outright censorship, it also emphasised the need for a structured framework to regulate content within constitutional bounds.
As the government tackles this complex regulatory process, the apex court has suggested that any proposed regulations be put in the public domain to seek inputs from stakeholders before being implemented through judicial or legislative means.
Global trends in social media regulation
India’s efforts to regulate social media coincide with a global movement toward mitigating the harmful effects of digital platforms. Countries worldwide are taking proactive steps to protect their citizens, particularly young users, from the potential dangers of social media.
For example, Australia has committed to implementing an undefined ban on social media access for younger teenagers and children. Meanwhile, South Korea is addressing digital addiction by planning rehabilitation centres in Seoul, responding to overwhelming mobile phone use among the youth.
In the United Kingdom, social media platforms have been given a March 31 deadline to submit risk assessment reports on harmful content. Under the UK’s Online Safety Act, platforms such as Facebook, Instagram, and TikTok must address risks related to terrorism, hate crimes, child exploitation, and financial fraud. Last year, the UK also passed legislation requiring social media firms to take proactive measures against criminal activities on their platforms.
Existing social media regulations
Historically, social media regulation in India has primarily focused on data protection and privacy. The country established the Data Protection Board under the Digital Personal Data Protection (DPDP) Act, 2023. While this initiative was hailed as a significant step in India’s data governance efforts, concerns persist regarding the board’s independence, as its selection process does not guarantee complete autonomy from the government.
Another pressing issue is the misuse of social media to spread misinformation, incite violence, and facilitate criminal activity. The 2023 amendment to the IT rules mandates that online intermediaries, including social media platforms and internet service providers, prevent the dissemination of inaccurate information about the Indian government. Platforms are now required to remove content flagged as false by fact-checking units to retain legal protection against third-party content.
Striking a balance: Regulation vs censorship
The ongoing debate over social media regulation raises crucial questions: What constitutes effective oversight? How can governments prevent online harm while safeguarding free speech principles? Given the diverse political and cultural landscapes across the world, a one-size-fits-all approach is impractical. Each country must determine the level of regulation that best suits its context.
While governments argue that social media regulation is necessary for public safety, there is also growing concern about political influence over digital platforms. India, with its vast market, already exercises significant control over tech companies. Globally, governments leverage business incentives to push platforms into moderating political content to their advantage.
For instance, Google once renamed the Gulf of Mexico as the Gulf of America under political pressure from President Donald Trump. Similarly, governments have been known to intimidate non-compliant tech companies through heavy taxation or threats to their market access.
In India, multiple instances have emerged where journalists’ content has been censored for not aligning with the ruling party’s ideology. Similar cases have been reported in Thailand, where government pressure led to the removal of content posted by activists, journalists, and media executives.
Need for ethical regulation
While regulating social media is necessary, the government must ensure that such measures do not become tools for suppressing dissent. The vulnerability of social media platforms to coercive pressures, especially in emerging markets like India, highlights the need for a transparent and democratic regulatory process.
Civil society and user collaboration can play a critical role in challenging arbitrary platform rules. Strengthening independent fact-checking mechanisms and pushing for unbiased content moderation policies can empower users and ensure that regulation does not turn into censorship. Furthermore, coordinated action among tech companies can serve as a countermeasure against government overreach. By pooling resources and standing united, platforms can resist undue pressure while maintaining their core values of free expression.
As India moves forward with its social media regulations, it must strike a delicate balance between protecting users from online harm and preserving democratic discourse. Effective oversight should be transparent, participatory, and free from political biases. Collaborative efforts between civil society, industry stakeholders, and policymakers will be essential in shaping a regulatory framework that upholds both security and freedom in the digital sphere.