Question Q.14GS2GS2

Is the growing demand for stricter regulation of online content justified, or does it pose a threat to the right to freedom of speech and expression? Examine in light of recent judicial pronouncements.

Introduction

Recent case of obscenity centred by a YouTuber

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Main Body

Recent case of obscenity centred by a YouTuber on a show raised the demand for stricter regulation of online content. Growing demand: → Need of Broadcasting Bill → OTT regulation under IT Act → PTP Fact Check etc. The growing demand is justified: 1) Obscenity, Decency, Morality are ground for Reasonable restriction to freedom of speech and Expression FOSE under Article 19(2) 2) Pose threat to children's educational outcome

3Hate Speech problem: SC in Anuradhi Dewan Law 2020 directed govt. to regulate Hate speech. 4) To protect National Sovereignty, Integrity etc. EA Ban on YouTube channels during UP sinhalori 5) Contempt of Court: to protect Judicial Independences (ex:) Kunal Kamra Case It is not justified: 1) Create a 'Chilling Effect' on autistic freedom and Expression (Shreya Singhal Law) 2) SC in Manubhai Shah Case 1992 observed that FOSE has to evolve with technological change. 3) 'Mere threat to public Order is not a ground to restrict FOSE' (Romnarayan v/s Jagdvan Ram 1989)

4SC opined to define where constitute as obscenity and not depend on vague term- (Upodva v/k INDCOD 2022) 5) FOSE has an Instrumental value → leads to fulfillment of other rights (ex:) RTI under 4.19 Way Ahead: 1) Repeal Regulation by OTT platform 2) Additional ground of Hate speech under 4.19(2) VS ICT 254Support? 3) AI based monitoring (ex: Kurukshetr, DIA) 4) Counter-speech measures (Jonarathan Maynard) FOSE is central as a natural right for dignity of individuals under a Techno-democratic Constitution.

— MADHVENDRA PRATAP SINGH · AIR 153

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Conclusion

FOSE is central as a natural right for dignity of individuals under a Techno-democratic Constitution.

15 words

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MADHVENDRA PRATAP SINGH

AIR 1532025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Freedom of Speech and Expression - Online Content Regulation

Writing Stats

268

Total words

Paragraphs

analytical

Tone

Linked PYQ

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