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.
Main Body
The constitution guarantees right to freedom of speech and expression under article 19(1)a as a fundamental right. However, there are certain reasonable restrictions on this freedom to ensure a vibrant democracy with a healthy society. There is a growing demand for stricter regulation of online content based on following factors: 1) Protection of territorial sovereignty and integrity 2) Public order → Threatened due to recent communal violence over misinformation in Udaipur, etc. 3) Obscenity and vulgarity → The recent cases of "India got dated" 4) Promoting friendly relation with foreign states 5) Incitement to offence 6) Contempt of court, etc.
However, there is also a demand to uphold freedom of speech and expression for ensuring that public views are upheld: 1) Ensuring freedom of media: India ranks 150 on Press Freedom Index 2) Ensuring accessibility to information which is time- I.e. Recent ANI case against Wikipedia 3) Upholding protection against private members as well I.e. Kaushal Kishore vs. State of UP 2023 judgement 4) Ensuring that freedom of speech does not dilutes Article 21 I.e. Section 66A of IT Act, 2000 struck down under Shreya Singla case Thus, freedom of speech and expression must never be absolute; but balanced by restrictions which are reasonable and just for protecting natural interests
— UJJWAL PRIYANK · AIR 10
UJJWAL PRIYANK
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Speech and Expression
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