Supreme Court’s Order on Social Media Regulation

• The Supreme Court of India has urged the Union government to draft guidelines for regulating social media, citing the commercialization of free speech by influencers.

• The order was based on an intervention application filed by a non-profit supporting individuals affected by Spinal Muscular Atrophy (SMA).

• The court emphasized that the right to free speech does not encompass speech made purely for commercial purposes.

• The guidelines should address the evolving challenges posed by technology and modern modes of communication.

• The Supreme Court has consistently held that the state cannot impose restrictions beyond these constitutionally prescribed limits.

• The Supreme Court’s jurisprudence on the protection accorded to commercial speech has evolved significantly over time.

• The court has distinguished between two categories of commercial expression — one that advances public interest by facilitating the free flow of information, and another that serves only private commercial interests.

• Digital media is already governed by a robust statutory framework, with social media companies bound by the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, under the IT Act, 2000.

• Any additional regulation would have to be drafted with great care to not impinge upon the fundamental right to freedom of expression.

Supreme Court Social Media is important topic for Civil service exam (WBCS).

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