Regulating Online Speech: A Critical Analysis of the Supreme Court's Directive
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Article 19, Article 21, Judiciary, Executive); Key Legislations (IT Act, IT Rules, 2021); Landmark Supreme Court Judgments.
Mains:
General Studies Paper 2: Indian Constitution—significant provisions and basic structure; Fundamental Rights; Separation of powers between various organs; Structure, organization and functioning of the Executive and the Judiciary; Important aspects of governance.
General Studies Paper 4 (Ethics): Ethical dimensions of freedom of expression; Role of social media.
Key Highlights from the News
The article strongly criticizes the Supreme Court's request to the Central Government to formulate guidelines for regulating social media, especially conversations by influencers.
Main reasons for criticism:
No Regulatory Vacuum: There are already laws like the Bharatiya Nyaya Sanhita (BNS) and the Information Technology (IT) Act, 2000, to take action against harmful conversations.
Violation of Rights: "Individual dignity" is not mentioned in the Constitution as a reason to restrict freedom of expression under Article 19(2).
Chilling Effect: New regulations will hinder the freedom of expression of artists and critics.
Violates Institutional Boundaries: Asking the executive to create guidelines is outside the judiciary's jurisdiction. This may go against the principle of separation of powers.
The Supreme Court has stated in previous judgments (Sakal Papers case) that Commercial speech is also protected under Article 19(1)(a) of the Constitution.
There are concerns that the existing Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 operate non-transparently, and new guidelines will worsen this problem.
COMMENTS