Silencing speech online
3 years, 6 months ago

Silencing speech online

The Hindu  

Speaking truth to power is precarious. The most striking feature of the Rules is that they regulate both the digital media and ‘publishers of online curated content’, in addition to intermediaries. The Rules also suffer from problems of prior restraint and chilling effect—doctrines that render free speech regulations manifestly unconstitutional. For example, under clause II of the Appendix of the Rules, a publisher of an online curated content is required to consider “India’s multi-racial and multi-religious context and exercise due caution and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group”. In 1984, after noting various techniques used by governments to influence or suppress the press, the Supreme Court maintained: “It is with a view to checking such malpractices which interfere with free flow of information, democratic constitutions all over the world have made provisions guaranteeing the freedom of speech and expression laying down the limits of interference with it.

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History of this topic

The silence around the state’s seizure of India’s press
1 year, 3 months ago

The silence around the state’s seizure of India’s press

The Hindu  

Over 50 years ago, the Supreme Court of India ruled that during an Emergency proclamation, individuals could not challenge illegal detentions. Tanishka Sodhi’s data from NewsLaundry shows that by May 2023, 44 media entities and journalists faced scrutiny from investigative and tax agencies over the previous five years. The Karnataka High Court, in the Virendra Khanna vs State of Karnataka …

'Have To Keep In Mind Freedom Of Speech' : Supreme Court Dismisses PIL For Central Govt Authority To Regulate Media
1 year, 4 months ago

'Have To Keep In Mind Freedom Of Speech' : Supreme Court Dismisses PIL For Central Govt Authority To Regulate Media

Live Law  

The Supreme Court recently underlined the significance of the fundamental right to freedom of speech and expression while dismissing a PIL which sought a direction to the Government of India to constitute a "Broadcast Regulatory Authority of India" to regulate media. The petition filed in 2020 by Reepak Kansal in the backdrop of the coverage of Sushant Singh Rajput case …

Portal opened for complaints against decisions of social media platforms
1 year, 10 months ago

Portal opened for complaints against decisions of social media platforms

The Hindu  

The Ministry of Electronics and Information Technology on February 28 launched the Grievance Appellate Committee portal under the IT Rules, 2021, allowing people who are dissatisfied with complaints to social media companies on content takedown requests, to be heard by one of three Committees constituted by the government. The Information Technology Rules, 2021 were amended last year to require social …

SC Stays Proceedings in High Courts in Cases Challenging IT Rules, 2021
2 years, 8 months ago

SC Stays Proceedings in High Courts in Cases Challenging IT Rules, 2021

News 18  

The Supreme Court on Monday suspended any further proceedings before the high courts in cases involving the Information Technology Rules 2021 or the Cable TV Networks Rules, 2021. “We direct stay of further proceedings pending before the high courts in the respective cases or to be filed hereafter until the next date of hearing involving a challenge to the IT …

Setting The Tone: Elon Musk’s Free Speech Debate in The West And Its Relevance in India
2 years, 8 months ago

Setting The Tone: Elon Musk’s Free Speech Debate in The West And Its Relevance in India

News 18  

The expected acquisition of Twitter by billionaire Elon Musk has sparked a debate in the United States over freedom of expression and the role of social media platforms in regulating information flow. Even though Musk has addressed himself as a “free speech absolutist” and made it the core of his agenda after the Twitter takeover, some human rights groups believe …

IT Rules 2021 Manifestly Unreasonable;Bring Chilling Effect On Free Speech : Bombay High Court
3 years, 4 months ago

IT Rules 2021 Manifestly Unreasonable;Bring Chilling Effect On Free Speech : Bombay High Court

Live Law  

Dissent is vital for the functioning of any healthy democracy, however, the new 2021 IT Rules can have a chilling effect on freedom of speech, with a journalist or news publisher having to think twice before criticizing the State administration, the Bombay High Court has said. The court observed thus while staying Rules 9 and 9 of the Information Technology …

Book Review | Free speech, fake news & the Indian press
3 years, 6 months ago

Book Review | Free speech, fake news & the Indian press

Deccan Chronicle  

Incarcerations, FIRs, dismissals, spiking of stories, sensationalism, fake “breaking news” and the compulsion to not miss a trick in the rat race against the Joneses. More importantly, while the US first amendment makes these freedoms an absolute condition for all lawmaking, the first amendment of the Indian Constitution restricts the scope of this freedom. The Bihar government found it objectionable …

Supreme Court hears arguments against the restrictions imposed on media in J&K
5 years, 2 months ago

Supreme Court hears arguments against the restrictions imposed on media in J&K

Live Mint  

The Supreme Court on Tuesday started hearing the arguments against the restriction imposed on communication and media in Jammu and Kashmir since the abrogation of the provisions of Article 370. The three-judge bench, headed by Justice NV Ramana and comprising Justices SA Bopde and SA Nazeer, were hearing a Public Interest Litigation filed by editor of Kashmir Times, Anuradha Bhasin …

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