Is the growing demand or stricter regulation of online content justified, or does it pose a threat to the right to freedom of speech and expression? Examine in light of recent judicial pronouncements.
Introduction
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Main Body
Recently, Kerala high court has warned the online moral policing by the web and regulators bodies in the Jaraki vs State of Kerala made incidence
Grounds demand of Justified as Stricter Regulation → the fake
the online content → Infures Other rights
L&O The reasonable restriction → only should be upheld
L&D Fact checkin unit → for enhancing the data veracity
L&D The usage of digital media by vulgar elements → need stricter laws to regulate
Recent India got talent show → (insensitive jokes) by the organisers L5 supreme court - admonished the right to speech should be reasonably restricted/
Indecent representation of Warrant Act L5 prohibits the digital consent on public order and morality
Recent Mahmudabad Case → (Supreme court) ordered the SIT to fasten the investigation.
Threat to freedom of speech by Restriction
the fact check unit → as it could endorse the freedom of speech and expression under (Article 19)
The 'regressess' of morality → as the society evolves with time
Over government regulation → stifling the online media outlets → flex news chief case
The issues of recent Tele communication Act 2024 → (Government Intervention issue) A) supreme court would a balance of regulation should be there for better (therefore democracy)
Page based Restrictions can be promoted can ensure that the regulation is proportional as per Shreya Singhal case
Thus, the new age is unfolding to the digital space, it should be regulated with (with direct space for expression)
— MOHAMMED ASHMIL SHAH · AIR 382
Conclusion
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- justified for protecting other rights
- fact-checking mechanisms
- regulation of vulgar content
- fact-checking mechanism
- page-based restrictions
- proportional regulation
MOHAMMED ASHMIL SHAH
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Speech and Expression - Online Content Regulation
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12
Paragraphs
formal and analytical
Tone