Question

Q. Consider the following statements regarding the Right to freedom of speech and expression in India :

Select the correct answer using the code given below:

• A. 2 only
• B. Both 1 and 2
• C. None of the above
• D. 1 only

Answer 1

The correct option is D 1 only

Explanation

Statement 1 is correct:

• The judgement declared that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business, or occupation over the medium of the Internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g) respectively.
• It also ruled that such freedom is not absolute, the restrictions imposed on it should be in consonance with the mandate under Article 19(2) and Article 19(6) of the Constitution.

Statement 2 is incorrect: Section 69A of the IT Act, 2000, allows the Centre to block public access to an intermediary “in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence”. Section 79(1) of the Information Technology Act states that an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by it.