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.
Introduction
According to IAMAI 2023, around 406+ million people in India use social media and internet, this brings the need of regulation. Growing demand for strict regulation of online content justified.
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Main Body
Growing demand for strict regulation justified: (1) Deep fakes and manipulation of people - echo chamber by Trump deep fake for elections. (2) Communalism and radicalization, ensure by Kumar Appriya riots due fake whatsapp message. (3) Fake news and yellow journalism by see news owner under DAPA. (4) Cyber security threats by D-Trap by Chine. (5) Cyb Privacy issue, no data & identity by Omitted data leak on deep web & dark web. (6) Isolation and alleviation of children by Bluewale challenge polarisation of pedstats children. (7) Commodification of women & cyber bullying by bauli bai steals selling pictures of women. (8) Ransomware & phishing attacks due to data theft.
Not justified - Poses a threat to right to freedom of speech & expression: (1) Over regulation restricts freedom to speech by Sedition case against government propaganda to oust content removed. (2) Restricts constrain the opinions & views by Shreya Singhal case ag SC ITA. (3) Against fundamental rights by Fahema Shirin Right to dissent case for freedom. (4) If restricts opportunities to people and stifle rights. Way Forward: (1) Restriction of online content should be based on certified rules & laws based on Digital Services Act 2011. (2) Fact check units to restrict content using PIA. (3) Self regulation by significant social media intermediaries on florist content using IIT Rules. (4) Children accounts separate to restrict content by Pele Teen accounts. (5) Digital Personal Data Protection Act to protect personal private data. Digital Sunset Assessment needs to done so what should be restricted.
Krupa A Jain
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Speech and Expression vs. Online Content Regulation
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