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Question
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“The internet has become an essential means through which individuals can exercise their right to freedom of speech and expression”. Discuss the statement in light of the recent supreme court judgement.
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Solution
Answer:
Introduction:
Recently, the Supreme Court ruled that access to the internet cannot be suspended indefinitely. The case concerned the internet and movement restrictions imposed in the Jammu and Kashmir region in India on August 4, 2019, in the name of protecting public order.
Body:
The Court’s Judgement:
The court held that freedom of speech and expression under Article 19 (1) (a) of the Constitution includes the right to the internet.
Any restrictions on access to the internet have to follow the principle of necessity and proportionality under Article 19 (2) of the Constitution.
Further, The Court stressed that the standard of proportionality was key to ensuring that a right is not restricted beyond what is necessary.
The doctrine of proportionality signifies that the punishment should not be disproportionate to the offence committed or the nature and extent of the State’s interference with the exercise of a right must be proportionate to the goal it seeks to achieve.
The SC ruled that Suspension of the internet for an indefinite period not permissible. Restriction can only be for a reasonable duration and periodic review must be done. It is pertinent to the government to publish all orders of prohibition to enable affected persons to challenge the same.
Internet is essential for exercising the freedom of Speech and Expression:
In Indian Express Vs Union Of India (1985), the Supreme Court ruled that freedom of expression protects the freedom of print medium.
In Odyssey Communications Pvt. Ltd. v. Lokvidayan Sanghatana (1988), the Court held that the right of citizens to screen films was a part of the fundamental right of freedom of expression.
The online expression has become one of the major means of information diffusion, and accordingly, it was integral to the enjoyment of freedom of speech and expression guaranteed by Article 19(1)(a), but also could also be restricted under Article 19(2) of the Constitution.
Accordingly, the Internet also plays a very important role in trade and commerce, and some businesses were completely dependent on the internet. Therefore the freedom of trade and commerce by using the internet was also constitutionally protected under Article 19(1)(g), subject to the restrictions provided under Article 19(6).
In terms of social benefits, internet access helps by facilitating and enabling an enhanced utility value of primary necessities, internet access can prove a useful accelerator in all social development objectives and targets of the Sustainable Development Goals.
The internet has become the main enabler of access to education, healthcare, and financial services and in empowering people in all areas of life.
In 2016, the United Nations Human Rights Council passed a non-binding resolution condemning intentional disruption of internet access by governments. The resolution stated that "the same rights people have offline must also be protected online".
Internet shutdowns for Law and Order:
The government gave the argument that Internet shutdown is a preventive measure used by the law & order administration as a last resort to address mass protests, civil unrest, to ensure peace.
Further, the government said that In certain extreme situations where rumours through social media start playing a disruptive role, it may become necessary to have internet shutdowns.
Conclusion:
Previously, the Government had the right to suspend the Internet to protect the Unity and integrity of the country. But there was always a possibility of its misuse. This judgement has changed the paradigm and made the government prove the necessity of imposition of such a ban. Thus, it not only gives due importance to the internet in modern times, it also protects the users and makes sure that the government should not use internet shutdowns to suppress legitimate expression and dissent.
Introduction:
Recently, the Supreme Court ruled that access to the internet cannot be suspended indefinitely. The case concerned the internet and movement restrictions imposed in the Jammu and Kashmir region in India on August 4, 2019, in the name of protecting public order.
Body:
The Court’s Judgement:
The court held that freedom of speech and expression under Article 19 (1) (a) of the Constitution includes the right to the internet.
Any restrictions on access to the internet have to follow the principle of necessity and proportionality under Article 19 (2) of the Constitution.
Further, The Court stressed that the standard of proportionality was key to ensuring that a right is not restricted beyond what is necessary.
The doctrine of proportionality signifies that the punishment should not be disproportionate to the offence committed or the nature and extent of the State’s interference with the exercise of a right must be proportionate to the goal it seeks to achieve.
The SC ruled that Suspension of the internet for an indefinite period not permissible. Restriction can only be for a reasonable duration and periodic review must be done. It is pertinent to the government to publish all orders of prohibition to enable affected persons to challenge the same.
Internet is essential for exercising the freedom of Speech and Expression:
In Indian Express Vs Union Of India (1985), the Supreme Court ruled that freedom of expression protects the freedom of print medium.
In Odyssey Communications Pvt. Ltd. v. Lokvidayan Sanghatana (1988), the Court held that the right of citizens to screen films was a part of the fundamental right of freedom of expression.
The online expression has become one of the major means of information diffusion, and accordingly, it was integral to the enjoyment of freedom of speech and expression guaranteed by Article 19(1)(a), but also could also be restricted under Article 19(2) of the Constitution.
Accordingly, the Internet also plays a very important role in trade and commerce, and some businesses were completely dependent on the internet. Therefore the freedom of trade and commerce by using the internet was also constitutionally protected under Article 19(1)(g), subject to the restrictions provided under Article 19(6).
In terms of social benefits, internet access helps by facilitating and enabling an enhanced utility value of primary necessities, internet access can prove a useful accelerator in all social development objectives and targets of the Sustainable Development Goals.
The internet has become the main enabler of access to education, healthcare, and financial services and in empowering people in all areas of life.
In 2016, the United Nations Human Rights Council passed a non-binding resolution condemning intentional disruption of internet access by governments. The resolution stated that "the same rights people have offline must also be protected online".
Internet shutdowns for Law and Order:
The government gave the argument that Internet shutdown is a preventive measure used by the law & order administration as a last resort to address mass protests, civil unrest, to ensure peace.
Further, the government said that In certain extreme situations where rumours through social media start playing a disruptive role, it may become necessary to have internet shutdowns.
Conclusion:
Previously, the Government had the right to suspend the Internet to protect the Unity and integrity of the country. But there was always a possibility of its misuse. This judgement has changed the paradigm and made the government prove the necessity of imposition of such a ban. Thus, it not only gives due importance to the internet in modern times, it also protects the users and makes sure that the government should not use internet shutdowns to suppress legitimate expression and dissent.
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