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Growing Misuse of Free Speech on Social Media
Context:
The Supreme Court of India expressed concern over the increasing abuse of the fundamental right to free speech, especially on social media platforms, and emphasized the need for self-regulation and possible judicial guidelines to control abusive and divisive content online.
Constitutional Basis of Free Speech:
- Article 19(1)(a) of the Constitution guarantees freedom of speech and expression.
- However, this right is not absolute and is subject to reasonable restrictions under Article 19(2) on grounds such as:
- Sovereignty and integrity of India
- Security of the state
- Public order
- Decency and morality
- Contempt of court
- Defamation
- Incitement to an offence
Role of Citizens and Fundamental Duties:
- Emphasis was laid on self-restraint and the role of citizens in upholding unity.
- Relevance of Article 51A (Fundamental Duties):
- 51A(e): To promote harmony and spirit of common brotherhood.
- 51A(i): To safeguard public property and to abjure violence.
Potential Legal and Policy Implications:
- The Court hinted at the possibility of framing regulatory guidelines for digital speech.
- Follows the judicial trend seen in past verdicts like:
- Shreya Singhal v. Union of India (2015) — struck down Section 66A of the IT Act.
- PravasiBhalaiSangathan v. Union of India (2014) — emphasised the role of society in countering hate speech.
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