Is the growing demand for stricter regulation of online content justified, or does it pose a threat to the right of freedom of speech and expression? Examine in light of recent judicial pronouncements.
Main Body
With online content being used unrestricted, there is need to regulate the content but at times, there are crises of curbing freedom of speech; Need to restrict content - uphold the constitutional morality - Dignity of a woman - SC in Subramanian case - said woman cannot indignified; Societal values & morals - need to be respected as part of culture; Elderly cases etc; Uphold the principles of freedom wh- Reasonable restrictions to freedom of speech, Defamatory - section 499, SDO of IPC, Contempt of fact/court
Regenerations of youth - a study by Vidhi Centre ensured vulgar content leading to increase in sexual harassment; Incitement to violence of fundamental elements; Murallyazara Delhi riots 2020; Threat to Freedom - Already laws exist to restrict freedom - IT rules; The content is globally watched & consumed - thus difficult to regulate; Difficult to define what is decent vulgar blasphemous etc; Amravathi Bhodin case - SC capacity called for freedom of speech via internet & significant to realise true freedom; Targeting of critical influencers/youtubers - Creators of opposition party
Selective banning of content - against level playing field; India's got latent new; In Shreya Singhal case - SC declared section 66A of IT Act void for snatching freedom; Way ahead - Platform based guidelines of conduct - Netflix Amazon print - self-regulation; IT Rule Intermediary 2021 - to regulate content, originator of fake news; Age based content display; Parental control of online content; Behavioural reforms - form the society itself - role of NGO, CSO etc; There is need to apply proportionality principle before banning to balance freedom & societal needs
Conclusion
Thus, Dy speaker is not subordinate to global but has a key role to play in his absence.
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Rahul J Patil
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Fundamental Rights
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