In a significant move to regulate digital content, the Supreme Court of India has proposed implementing Aadhaar-based age verification systems to control access to online material deemed obscene. The suggestion came during a hearing on Thursday where the court emphasized creating a safer digital environment while balancing free speech concerns.
Aadhaar Verification for Age-Restricted Content
The bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi suggested that platforms could display warning messages before potentially inappropriate content, followed by Aadhaar verification to confirm the user's age. "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," Justice Kant observed according to Bar and Bench reports.
Justice Bagchi highlighted the involuntary nature of encountering such content, stating "The moment you switch on phone and something comes which you don't want or is forced on you, then what?" The judges clarified these were illustrative suggestions that should be tested on a pilot basis to ensure they don't unduly restrict free speech.
Stronger Laws Against Disability Discrimination
The court also addressed the pressing issue of discrimination against persons with disabilities. The bench strongly recommended that the Centre frame a stringent statute similar to the SC-ST Act that would make derogatory remarks against people with disabilities and rare genetic disorders penal offences.
"Why can't you bring a stringent law on the lines of the SC-ST Act which criminalises casteist remarks - there is punishment if you demean them," the bench questioned. The reference was to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which makes such offences non-bailable.
Case Background and Regulatory Framework
The hearing concerned a petition filed by M/s SMA Cure Foundation, an organization working for individuals affected by the rare Spinal Muscular Atrophy disease. The plea highlighted offensive jokes made by popular content creators including Samay Raina of "India's Got Latent" fame and other social media influencers Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar.
The court has already directed these influencers to display unconditional apologies in their podcasts or shows for ridiculing persons with disabilities. Regarding self-regulation, the bench expressed skepticism, noting that "self styled bodies will not help" and emphasized the need for neutral autonomous regulatory bodies free from both commercial and state influence.
Solicitor General Tushar Mehta pointed out that the issue extended beyond obscenity to include "perversity" in user-generated content published on individual YouTube channels and other platforms. He acknowledged that while "freedom of speech is an invaluable right, it cannot lead to perversity."
The court reiterated that commercial and prohibited speeches don't qualify for protection under fundamental rights, setting important parameters for future content regulation discussions in India's rapidly evolving digital landscape.
