Apar GuptaThere has been a gradual and inexorable expansion of IT Rules into the ‘everything law’, leading one to ask where free debate and expression is in a digital and democratic India.
Archives for the tag Freedom Of Speech
As Elon Musk takes over Twitter, a note of caution
His stated vision for the platform includes advancing free speech, reducing political tribalism. But it will require patience for nuance and experienced staff to apply the principles of free expression which, in many instances, are complex determinations.
Against Rules of the Game
Beyond such technicalities, the larger danger of the IT Rules glares through when the court observes that, “people would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in present times of content regulation on the internet with the Code of Ethics hanging over their head as the Sword of Damocles.”
Three cases that threaten the open internet
Subramanian Swamy v. Union of India
The Supreme Court of India upheld the constitutionality of criminal defamation under Sections 499 and 500 of the Indian Penal Code and Sections 199(1) to 199(4) of the Code of Criminal Procedure, 1973. The Court held that while freedom of speech is a fundamental right, it is subject to reasonable restrictions, including those protecting reputation under Article 21 of the Constitution.
But what about Section 69A?
As your social media timeline is flooded with news of a pathbreaking verdict by the Supreme Court of India on freedom of speech, there is reason to pause. While holding that Section 66A of the Information Technology (Amendment) Act, 2008, is unconstitutional and laying down guidelines for online takedowns under the intermediary rules, the court, in Shreya Singhal vs Union of India, has upheld Section 69A and the blocking rules framed under it.
Charges against AIB are another sign that our hate speech laws need reform
Our goal has to be to reach legal standards that prevent any abuse. At its heart should be removing the tremendous subjectivity that permits the most easily offended to have their day in court as the author, artist or activist spends a night in jail.
The power of licences to censor
Any study of censorship has to commence with the power of licensing. Shortly after the War for Independence, our colonial masters realised that it was inefficient to enforce criminal sanction for each distinct act of dissent when the mode of expression itself could be prevented by prescribing a set of licensing conditions. Simply, why pulp the paper when you can seize the printing press?
How to challenge book bans and censorships legally
Shortly after completing my masters, I returned to active litigation in India and one of the first cases assigned to me by my employer was a case of book banning. The book, authored by a senior politician, was banned by a notification under Section 95 of the Code of Criminal Procedure. Section 95 gives the state government the right to ban books that violate various provisions of the Indian Penal Code.