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SC allows Ranveer Allahbadia to resume show, asks govt to curb ‘vulgar content’
- The court recommended that the government consult stakeholders to formulate guidelines for regulating vulgar content online while ensuring these regulations do not lead to censorship.
The Supreme Court has urged the union government to introduce limited regulations to curb vulgar content in online media while protecting the freedom of expression of content creators.
The court also extended YouTuber Ranveer Allahbadia's protection from arrest and allowed him to resume his podcast ‘BeerBiceps’ on the condition that he “maintains decency”.
Allahbadia, a popular YouTuber with more than 8 million subscribers, faced a backlash after his comments on comedian Samay Raina’s show ‘India's Got Latent’ led to police complaints and a nationwide debate on online content standards, prompting him to approach the Supreme Court for protection.
The court had previously deemed his comments "perverted," granting him protection from arrest but barring him from participating in YouTube shows and restricting his ability to leave the country. It also directed the attorney general to address concerns about obscene content on digital platforms, leading to the current deliberations.
‘Some regulation may be necessary’
On Monday, a bench comprising Justice Surya Kant and Justice N. Kotiswar Singh recommended that the government consult all relevant stakeholders to formulate guidelines regulating vulgar content on media platforms, while ensuring these regulations do not lead to censorship.
The court noted, "Regarding the telecast of programs not aligning with societal moral standards, some regulatory measures may be necessary. We have suggested to the solicitor general of India to propose such measures that balance free speech with the protection of fundamental rights under Article 19. Any draft regulatory measure will be made public for stakeholder suggestions before any legislative or judicial action is taken."
Justice Surya Kant clarified that the court was not seeking a regulatory regime that could lead to censorship, adding, “but it can't be a free-for-all platform. Just because you have commercial interests, it cannot be that you can say anything. See the quality of humour... humour is something the entire family can enjoy, nobody feels embarrassed. Using filthy language is not talent.”
Solicitor general of India Tushar Mehta agreed with the bench, emphasising the need for rules that protect free expression while upholding standards of decency and morality. "Free expression should be protected, but vulgarity and perversity should not reach our children," he said, adding that if vulgarity is necessary to make someone laugh, it suggests the individual is not a good comedian.
Blow to creator economy
Mint previously reported how the court’s stance has unsettled India's ₹2,400-crore creator economy. Many digital content creators have started reviewing and censoring their own work in response. Industry voices predict this could either lead to stricter government regulations or mobilize the digital content industry to defend freedom of speech.
According to data from influencer intelligence platform Qoruz, there are more than 4.06 million influencers in India.
Meanwhile, the ministry of information and broadcasting has advised OTT platforms to comply with the Information Technology (IT) Rules 2021, urging strict adherence to age-based content classification and limitations on obscene material. This marks the second advisory issued by the ministry in two months. It previously informed a parliamentary panel that current legal provisions were inadequate to address the misuse of free speech on digital platforms.
Existing laws on digital content
Currently, digital content regulation in India operates under a patchwork of laws and guidelines:
The IT Rules 2021 mandate a three-tier grievance redressal mechanism for OTT platforms, requiring self-regulation at the platform level, industry-wide self-regulation, and government oversight.
Section 67 of the IT Act criminalises the publishing or transmission of obscene material online, with penalties of up to three years’ imprisonment and a fine.
The Bharatiya Nyaya Sanhita retains provisions from the Indian Penal Code that criminalise obscenity and vulgar content in public and digital spaces.
The Indecent Representation of Women (Prohibition) Act prohibits the obscene representation of women in advertisements, books, films and digital media.
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Business NewsNewsSC allows Ranveer Allahbadia to resume show, asks govt to curb ‘vulgar content’
First Published:3 Mar 2025, 06:40 PM IST
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