GS2 – Polity
Context:
The Supreme Court has raised alarm over the growing misuse of the right to freedom of speech, particularly on social media platforms. The bench highlighted that while free speech is a cornerstone of democracy, it is increasingly being used to foster social division and hatred online. The Court emphasized the need for both self-regulation by users and broader regulatory frameworks to address the issue.
Key Observations by the Supreme Court:
- Free speech should not be weaponised to spread animosity, especially in the digital sphere.
- The State has limited powers to restrict expression, but citizens must exercise voluntary restraint.
- The judiciary is contemplating the formulation of guidelines to manage offensive and divisive digital content.
Constitutional Basis of Free Speech:
- Article 19(1)(a) guarantees freedom of speech and expression.
- Article 19(2) allows for reasonable restrictions in the interest of sovereignty, public order, morality, relations with foreign states, etc.
Why Regulation is Necessary:
- Maintaining Public Order: Unchecked digital content can incite unrest and disrupt social peace.
- Preserving National Unity: Hate-filled posts on religion, caste, or region endanger the nation’s integrity.
- Combating Fake News: Digital platforms often become vectors for misinformation, especially during sensitive events.
- Protecting Personal Dignity: Online harassment and hate speech infringe upon the right to life and dignity (Article 21).
- Bridging Legal Gaps: Existing laws like the IT Act (2000) and the IPC are outdated for modern digital threats.
- Upholding Fundamental Duties: Citizens are bound by Article 51-A to foster harmony and avoid misuse of rights.
Way Forward:
- Judicial Frameworks: The SC should lay down explicit norms against digital hate speech, safeguarding dissent.
- Accountability of Platforms: Mandate social media companies to adopt fair and open moderation systems.
- Legal Overhaul: Modernise cyber laws to effectively tackle present-day online threats.
- Citizen Education: Encourage ethical online behaviour through awareness and digital literacy.