Should Commercial Speech on Digital Platforms be Regulated

• The Supreme Court has urged the Union government to draft guidelines for regulating social media, citing influencers’ commercialization of free speech that may offend vulnerable groups.

s with Spinal Muscular Atrophy, alleging derogatory remarks by c• The order was based on an intervention application filed by a non-profit representing personomedians.

• Apar Gupta and Jay Vinayak Ojha discuss the question, arguing that legal mechanisms for prosecution already exist.

• Jay Vinayak Ojha believes that constructing an elaborate framework of legislation based on a single incident would be an overreaction.

• JVO argues that reasonable restrictions on free speech under Article 19(2) of the Constitution do not include the protection of individual dignity.

• AG argues that any limitation on freedom of speech and expression must be imposed through a duly enacted law and must withstand the test of proportionality.

• The Supreme Court upheld the constitutionality of criminal defamation, recognising individual dignity as one of the bases for sustaining the remedy.

Speech Regulation and Its Impact on Free Speech

• Regulations may silence unpalatable speech, potentially affecting the freedom of artists and comedians.

• The Supreme Court has acknowledged the importance of protecting even unpalatable speech, quashing a criminal case against Congress MP Imran Pratapgadhi.

• Concerns persist about the revival of the Broadcasting Services (Regulation) Bill, which could lead to mass censorship or suppression of voices.

The Profit-Driven Nature of Commercial Speech

• Commercial speech should not be dismissed as irrelevant to public discourse.

• The Supreme Court has consistently recognized that commercial speech falls within the ambit of Article 19(1)(a).

• Speech of comedians, journalists, or satirists has never traditionally been categorised as commercial speech.

The Polyvocality of the Supreme Court

• A polyvocal court does not detract from its status as a court of record.

• The court has directed the executive to frame regulations, which blurs institutional boundaries and renders any future constitutional challenge difficult.

• The dichotomy between legal certainty and the development of law through individual judicial perspectives should not be confused with the polyvocal nature of courts.

Safeguards for Misuse of Regulations

• Safeguards should begin with strong review mechanisms and reflect a clear respect for constitutional values of free speech.

Commercial Content Control is important topic for Civil service exam (WBCS).

🚨Daily Current Affairs MCQ pdf download- Google Drive Link https://drive.google.com/drive/folders/1PN6A2mDkCngLsGR115zhZ_vTV8W7AKN8?usp=drive_link

✅Telegram channel link: https://t.me/TheSoumyaSir

✅Attempt the daily current affairs test in our free section of app (android and ios) : https://play.google.com/store/apps/details?id=co.iron.rrnvu

✅ Interview related telegram group https://t.me/IASWBCSInterview 🔥 Book free consultation with WBCS Gr A Officer: https://bit.ly/Free-Appointment-with-Soumya-Sir-Other-WBCS-A-Officer

✅ Courses https://www.wbcsmadeeasy.in/courses/

✅ Attempt previous years questions : Link: https://bit.ly/wbcs-pyq-wbcsmadeeasy

✅ Take subject wise Chapterwise mock test : https://bit.ly/wbcs-prelims-all-subjects-chapter-wise-test

✅ Bio – https://bit.ly/m/wbcs-made-easy

✅ App download – Android: https://play.google.com/store/apps/details?id=co.iron.rrnvu&pcampaignid=web_share (iOS available too)

WBCS MADE EASY www.wbcsmadeeasy.in

8274048710/8585843673

Jawahar IAS www.jawaharias.in 7439954855