Social Media Alert: Will every social media post in India be screened before it is uploaded? The Supreme Court has directed the I&B Ministry to prepare a draft of a pre-screening system to prevent fake and harmful content from going viral.
New Delhi. While the rapid increase in the use of social media in India has given people the power to express their views to the world, wrong, false or inflammatory information has often spoiled the atmosphere. Now, in view of this danger, the Supreme Court has asked the Central Government to create a system which can check any user-generated content before it is uploaded. The Court believes that post-takedown action comes too late, and by then fake, violent or anti-national content can reach millions of people and create tension in the society. Will social media posts now be filtered before uploading? This big question is sparking a new debate in the country.
What did the Supreme Court say to the Central Government?
The Supreme Court has directed the Information and Broadcasting Ministry (I&B Ministry) to create a system that can scan the content even before it is posted so that dangerous, harmful or anti-national content can be stopped before it goes viral. On hearing this order, a big question arose in the digital world that will it limit our freedom of speech or is it a necessary step to keep the country safe?
Will “pre-screening system” on social media be against freedom of speech?
Supreme Court bench CJI Surya Kant and Justice Joymalya Bagchi clearly said that they do not want to promote any kind of censorship. But still, the court’s question was very serious that “By the time the wrong content is removed, how much harm has it caused to the society?” Today, a post on social media can go viral within minutes of being uploaded. Many times such content spreads rumours, incites people or can harm the image and security of the country. For this reason, the court argues that removing posts is a later process, but there is a need for a system which can investigate beforehand.
Has the current self-regulation system failed?
OTT platforms, digital media and big broadcasters told the court that they already have a self-regulatory code. But the court’s response was simple: “If the code works so well, why does bad content go so viral?” After this reply, it is clear that the court is not satisfied with the current policy of social media companies.
Is there scope for error in determining “anti-national content”?
The biggest issue of controversy in this matter is the word Anti-National. Advocate Prashant Bhushan said that there is no clear definition of this term. His argument was that “if someone criticizes the government, is he anti-national?” The court answered this with an example – “If a person makes a video and claims that a part of India should be merged into a neighboring country, will it not be considered anti-national?” This debate continues even today as to where the demarcation will be and who will decide which content harms the society.
Is it not enough to delete a post after it goes viral?
The country’s top court referred to an important incident – Operation Sindoor. A person uploaded a video on social media in which he appeared to support Pakistan. She later claimed that she deleted the post within an hour. But the court said: “Even one hour is enough. The post goes viral as soon as it is uploaded.” Therefore, the Court believes that prevention is better than post-take-down.
What will the government do? How much time have you got?
The court has ordered the I&B Ministry to:
- Create content pre-screening draft in 4 weeks
- put that draft before the public
- Suggestions and objections should be sought
- Opinion should be taken from experts, judges and media professionals
- The final system should be prepared and presented before the court.
This means that the rules of social media may change completely in the coming months.
Will pre-screening mean delay in uploading posts?
This is the biggest question. If every post will be checked before uploading:
- Will each post wait a few seconds?
- Will AI be able to take decisions instantly?
- Will it become difficult to post on controversial topics?
Can the government misuse it?
The court has clearly said that “This will not be censorship. This will be done only to reduce the risk.” But digital experts believe that this AI based mechanism is technically possible but also challenging.
Will this step make social media more secure or create fear?
Both types of opinions exist:
arguments in support
- ban on fake news
- prevention of rumors
- stop anti-national campaign
- Control on content that spreads violence or tension in society
arguments against
- Freedom of speech may be limited
- Content may be blocked depending on the “mood” of the government or agency.
- Criticism can also be misdirected
- Unnecessary pressure on digital creators
Is India entering an era of pre-screening on social media?
The order of the Supreme Court is being considered a big step towards strengthening digital security. In the coming months, the government’s draft, public opinion and the final decision of the court will decide how India will move forward on social media.