O
n August 25, 2025, the Supreme Court urged the Union government to frame guidelines for regulating social media, observing that influencers often commercialise free speech in ways that can offend the sentiments of vulnerable groups. A Bench of Justices Surya Kant and Joymalya Bagchi directed that the regulations be prepared in consultation with the National Broadcasters and Digital Association. The directive comes at a time when nearly 491 million Indians are active on social media, highlighting the challenges of safeguarding free expression while simultaneously protecting individual dignity.
The court’s order stemmed from an intervention application filed by a non-profit supporting individuals affected by Spinal Muscular Atrophy (SMA), a rare and debilitating genetic disorder. The organisation alleged that stand-up comedians Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar had “abused the freedom of speech and expression” by making derogatory comments about individuals suffering from SMA. During the proceedings, the Bench emphasised that the right to free speech does not encompass speech made purely for “commercial purposes”. When you are commercialising free speech, you should also bear in mind not to hurt the sentiments of certain sections of society,” Justice Bagchi observed.
