The Supreme Court of India has put forward significant suggestions for regulating online content, including potential Aadhaar-based age verification systems and the establishment of an autonomous regulatory body. These proposals emerged during hearings on November 27, 2025, concerning multiple cases involving digital content creators.
Court Questions Effectiveness of Current Systems
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi expressed serious concerns about the adequacy of existing self-regulation mechanisms for digital content. The court was hearing petitions filed by YouTuber Ranveer Allahbadia and others challenging FIRs registered against them for allegedly making obscene comments during Samay Raina's India's Got Latent show.
Chief Justice Surya Kant directly questioned why problematic content continues to appear if current self-regulation systems are truly effective. "Self-styled bodies will not help," the CJI remarked, emphasizing the need for "neutral autonomous bodies which are free from the influence of those who exploit all of this, and the state also is needed as a regulatory measure."
Aadhaar-Based Age Verification Proposed
Justice Bagchi offered a practical solution for age-restricted content, suggesting that platforms could implement Aadhaar verification before showing potentially inappropriate material. "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 programme starts," Justice Bagchi stated.
The court clarified that this was merely an illustrative suggestion at this stage. CJI Kant noted that such measures could be tested on a pilot basis, and if they inadvertently restrict free speech, adjustments could be made accordingly.
Government and Legal Experts Weigh In
Representing the Central government, Solicitor General Tushar Mehta supported the need for stronger regulations, stating, "We are not only dealing with obscenity but perversity... something needs to be done. There are some lacunae in what is called user-generated content."
Attorney General R Venkataramani informed the court that the government has already proposed new guidelines and assured that stakeholder consultations would be conducted before finalizing any framework.
However, Advocate Prashant Bhushan, appearing for an intervenor, raised concerns about potential impacts on freedom of speech and emphasized the need for widespread public consultation before implementing any new regulations.
Existing Regulations and Additional Concerns
Senior Advocate Amit Sibal, representing the Indian Broadcast and Digital Foundation, pointed out that regulations already exist through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. He noted that even though some provisions have been stayed by the Delhi High Court, many OTT platforms like Netflix voluntarily follow the code.
The court also addressed another petition involving insensitive jokes about persons with disabilities, with CJI Kant suggesting the possibility of creating stringent laws similar to the SC/ST Act to protect the dignity of persons with disabilities.
The Supreme Court balanced its regulatory suggestions with assurances about protecting free speech, with the bench stating they would be "the last ones to suggest regulatory measures if you all come with a measure" and emphasizing they were not in favor of "something which can gag somebody."
