Aadhaar Card for age checks on ‘obscene’ online content? SC flags flaw ‘by the time you decide not to watch, it starts’

The Supreme Court on Thursday proposed using Aadhaar-based age verification to regulate access to online content considered “obscene”, according to a report by Bar and Bench.

The bench, headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, stressed the importance of showing a warning indicating that such content may be inappropriate for general audiences.

“Obscenity can be in book, painting etc. If there is an auction...there can be restrictions also. The moment you switch on phone and something comes which you don't want or is forced on you, then what?” Justice Bagchi remarked, according to the report.

“See the issue is given and the shown starts. But by the time you decide not to watch it starts. 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. Of course these are illustrative suggestions...a combination of different experts .. someone from judiciary and media can be there also.. let something come up on pilot basis and if it clogs free speech and expression it can be looked at then .We need to build a responsible society and once that happens most of the problems will be solved,” the CJI said, according to Bar and Bench.

The top court was hearing a petition filed by M/s SMA Cure Foundation, which works for individuals affected by the rare Spinal Muscular Atrophy disease. The plea flagged jokes made by “India's Got Latent” host Samay Raina and other social media influencers, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar.

The Supreme Court further asked the Centre to consider framing a statute to make derogatory remarks ridiculing persons with disabilities and rare genetic disorders a penal offence on the lines of the SC-ST Act.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalises casteist slur, acts of discrimination, humiliation, and violence against the members of SCs and STs and makes offences non-bailable, PTI reported.

“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,” a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said, as reported by PTI.

The solicitor general said that the issue was not just confined to "obscenity" but "perversity" in user generated content, which are published by individuals in their own YouTube channels or other platforms.

"Freedom of speech is an invaluable right but it cannot lead to perversity," he said.

Referring to self-regulatory mechanisms, the bench said, “self styled bodies will not help. Some neutral autonomous bodies which are free from the influence of those who exploit all of this and the state also are needed as a regulatory measure.”

If the self-regulation mechanism were so effective then why were instances of violations repeating, the CJI asked.

Earlier, the bench said commercial and prohibited speeches are not covered under the fundamental right.

It had asked five social media influencers, including Samay Raina, to display their unconditional apology in their podcasts or shows for ridiculing persons with disabilities and rare genetic disorders.

(With inputs from PTI, Bar and Bench)