Recently obscenity have raised public calls for greater restrictions on right to freedom of speech & expression (Article 19(1)(a)). However, the balance between rights & restrictions must be maintained.
Main Body
5. Indiscriminate use of AI has taken deepfakes, faster spread of misinformation, much beyond the capacity of traditional, conventional legal restrictions to combat.
6. Minoring use of digital & AI tools in proliferation of child sexual exploitation abuse manual, and legal lacuna to furnish them.
7. Right to speak doesn't cover right of others to harm others - eg. defamation.
8. A Welfare state constitutional mandate to protect vulnerable, children (Article 39)
9. Lack of platform accountability.
Concerns: Threat to freedom of speech & expression
1. Chilling effect on usual speech ensued by Constitution as fundamental rights.
2. Vague & overboard provisions - 'decency', & 'community morality standards' are subjective & ambiguous.
3. Present proliferation of online profanity & digital obscenity eg. Ranveer Allahabad's case.
4. Cyber-bullying & online harassment of women, children & marginalised groups eg. sexual harassment Cyber-bullying of LGBTQIA+
Concern: Threat to freedom of speech & expression
1. Chilling effect on usual speech ensued by Constitution as fundamental rights.
2. Vague & overboard provisions - 'decency', & 'community morality standards' are subjective & ambiguous.
Conclusion
The balance between rights & restrictions must be maintained.
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Page 36
DISHA DHANKHARU
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Speech and Expression - Article 19(1)(a)
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