{ REMARKS AGAINST PERSONS WITH DISABILITIES } Dignity must prevail over right to free speech: SC

The Supreme Court on Tuesday asserted that an individual's right to life and dignity must prevail over another's right to free speech, urging the Union government to propose a set of balanced regulatory guidelines to curb obscenity and offensive content on social media and YouTube without crossing into censorship.

- Utkarsh Anand

A bench of justices Surya Kant and Joymalya Bagchi, which is hearing a batch of petitions concerning podcasters and YouTubers, including Ranveer Allahbadia and comedian Samay Raina, emphasised that any proposed regulatory framework must define not just the boundaries of free speech but also the obligations that accompany it.

"The right to dignity emanates from the same Constitution which the other people cite to protect their right to speech. Article 19 (freedom of speech and expression) cannot prevail over Article 21 (right to life and dignity). This is what it has to be. If there is a race between Articles 19 and 21, Article 21 has to trump Article 19," remarked the bench, referring to the constitutional guarantees of free speech and right to life with dignity.