wordpress blog stats
Connect with us

Hi, what are you looking for?

“If a law requires a person to be careful, it is not violative of free speech”; Notes from the Supreme Court

A two judge bench of the Supreme Court, comprising of Justice Chelameswar and Bobde, hearing multiple cases challenging sections linked to the IT Act, observed yesterday that Section 66A of the Information Technology Act (download) - provisions related to which had been called vague, unconstitutional, and beyond the ambit of Article 19(2) of the Constitution of India which provides reasonable restrictions on free speech only chills you from saying something offensive (on the Internet). The court hasn't finished hearing the arguments, and the comments made don't necessarily have any bearing on the final judgment. Following arguments made Sajan Poovayya, representing Rajya Sabha MP Rajeev Chandrasekhar, which suggested that the provisions are such that even following community standards will have a chilling effect on free speech, since every community has different standards and (almost) all communities are present on the Internet, the vagueness of the provisions will have a chilling effect on Free Speech (and lead to self censorship), Justice Bobde observed that "this law chills you from saying something offensive. You are not talking to your community, you are talking to the world community. Someone talking to the United Nations will have different approach to (saying something in) a drawing room. This is a vexed issue. In all the arguments, the injunction to be careful is being seen as an injunction to be quiet. Free speech is not the right to say what you want. If a law requires a person to be careful, it is not violative of free…

Please subscribe/login to read the full story.
Written By

Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

Free Reads

News

The Commission received complaints against ULLU by the group ‘Gems of Bollywood’,  for sharing “extremely obscene and objectionable content secretively to its subscribers, including...

News

This case highlights a curious intersection of copyright and critique in the digital content world.

News

Google will also provide news organizations and fact checkers with essential training in advanced fact-checking methodologies, deepfake detection, and Google tools like the Fact...

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

Views

News

NPCI CEO Dilip Asbe recently said that what is not written in regulations is a no-go for fintech entities. But following this advice could...

News

Notably, Indus Appstore will allow app developers to use third-party billing systems for in-app billing without having to pay any commission to Indus, a...

News

The existing commission-based model, which companies like Uber and Ola have used for a long time and still stick to, has received criticism from...

News

Factors like Indus not charging developers any commission for in-app payments and antitrust orders issued by India's competition regulator against Google could contribute to...

News

Is open-sourcing of AI, and the use cases that come with it, a good starting point to discuss the responsibility and liability of AI?...

You May Also Like

News

Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...

Advert

135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...

News

By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...

News

Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Name:*
Your email address:*
*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ