Is the growing demand for 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.

Online content refers to the content that is disseminated, reproduced, generated and accessed through platforms based on internet. eg: Pictures, News, Videos content, Instagram, Facebook, YouTube platform Near-permanent nature, false news, Reasons/Factors → Availability for regulation → Wide reach, cheap access, High speed, Propagation of fake news leads to societal tensions eg: Deep fakes of influential leaders asking for violence.

A) Stricter Regulation: Justified :- eg: Social Media Intermediary codes 2021 (1) Propagation of fake news leads to societal tensions eg: Deep fakes of influential leaders asking for violence. (2) Violation of basic human dignity through reverse sharing, pornographic content and gore videos. eg: Supreme Court guidelines on managing child pornography as CSAM – expand scope. (3) Cases of cyber bullying, trolling and cyber threats. B) However, regulation = threat to freedom of speech & expression: (1) SC in Amuradha Bhasiri case said that right to internet is a fundamental right under Article 19(1). (2) Online media encourages democratization of talent eg: ability to showcase skills by marginalized section free from traditional barriers. (3) Inhibits creativity as regulation leads to a chilling effect. (4) Regulation powers can be misused eg: curbing opposition views.

Measures required → balance between rights & duties → ethical self regulation by platform others. Thus, implementation of DPDP Act 2023 and discussions on aligned India Act are required.

— Suvan Sharma · AIR 148