Ranveer Allahbadia case: MIB proposes amendments to IT Rules in SC

The Ministry of Information and Broadcasting (MIB) has proposed a far-reaching expansion of the Information Technology Rules, 2021, in a submission made to the Supreme Court during the ongoing matter against creator and podcaster Ranveer Allahbadia by Cure SMA Foundation.

According to the Ministry’s submission, the amendments seek to substantially broaden the definition of “obscene digital content” under Rule 2. Unlike the current framework, which applies more narrowly, the new definition would extend across digital news publishers, OTT platforms, social media intermediaries and all forms of user-generated content. If approved, the change could dramatically expand what may be categorised as impermissible online.

The Ministry has also proposed a new Code of Ethics on obscenity, applicable to digital news and current affairs publishers, OTT services and creators of UGC. Early examination shows that the standards outlined are expansive and subjective in nature, raising concerns about how small publishers, creators and independent platforms would interpret and comply with them.

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A key element of the submission is the integration of AI and deepfake guidelines, drawn from draft rules currently under consideration with MeitY. This would introduce obligations such as watermarking and provenance checks for AI-generated material, including synthetic content created by users. If incorporated, these rules could significantly reshape content creation workflows and platform moderation practices.

The proposal also draws from draft accessibility rules under MIB’s own consultation process, signalling an eventual push for mandatory captions, subtitles, audio descriptions and other accessibility features across digital content. However, guidelines specifically intended for UGC creators and digital news publishers were not attached to the submission and are still being formulated, leaving open how stringent the final compliance requirements may be.

With amendments that cut across content definitions, ethical standards, AI governance and accessibility norms, the Supreme Court’s scrutiny will determine the constitutional and operational viability of this expanded regulatory vision.

The proposals, which would widen regulatory authority over nearly all digital content formats, are not yet legally binding; the Supreme Court will examine whether they fall within the reasonable restrictions permitted under Article 19(2) of the Constitution.

The current regulatory debate stems from the controversy surrounding the YouTube show India’s Got Latent, hosted by comedian Samay Raina, where several creators — including Ranveer Allahbadia (BeerBiceps) — appeared. During one episode, Allahbadia made an obscene remark to a contestant, triggering severe public backlash and multiple FIRs across states. Around the same period, separate clips of Raina began circulating, where he joked about Spinal Muscular Atrophy (SMA) and the extremely high cost of treatment required for infants diagnosed with the condition.

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These incidents drew the attention of the Cure SMA Foundation of India, an NGO representing SMA-affected families, which approached the Supreme Court arguing that such content was derogatory, dehumanising and part of a broader trend of creators using persons with disabilities as objects of entertainment. The Foundation sought stronger accountability norms and clearer safeguards on digital platforms.

Taking serious note of the matter, the Supreme Court summoned all the involved creators — including Allahbadia — and directed them to issue public, unconditional apologies. The Court observed that the content in question was harmful, stressed that commercialised digital speech carries elevated responsibility, and stated that humour that mocks vulnerable communities cannot be defended as free speech.

It was during these hearings that the Court asked the Ministry of Information & Broadcasting to frame comprehensive guidelines for online content, covering obscenity standards, disability sensitivity and responsible creator conduct. This directive ultimately led to the sweeping MIB submission now before the Court.