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GS 2 || Polity || Constitutional Framework || Fundamental Rights

Why in news?

In two judgments on 9 and 10 January, Tripura High Court upheld freedom of speech and expression specifically in relation to social media under Article 19.

Details

The High Court of Tripura has held that posting on social media was virtually the same as a fundamental right applicable to all citizens, including government employees.

has held that including It also asserted that government servants are entitled to hold and express their political beliefs, subject to the restrictions laid under the Tripura Civil Services (Conduct) Rules, 1988.

Key Points

In another significant judgment, the High Court of Tripura ordered the police to refrain from prosecuting the activist who was arrested over a social media post where he criticized online campaign in support of the Citizenship Amendment Act (CAA), 2019 and warned people against it.

The HC held that these orders are in line with the very essence of the Indian Constitution.

Other Recent Judgements

The Supreme Court of India also gave judgment on the internet shutdown and curbing of other civil liberties in the Jammu and Kashmir. It upheld the Right to access the Internet and released guidelines on the imposition of section 144 of CrPC.

It upheld the and released guidelines on the imposition of Recently, the Kerala High Court, in Faheema Shirin v. the State of Kerala case, declared the Right to Internet Access as a fundamental right, forming a part of the right to privacy and the right to education under Article 21 of the Constitution.

Freedom of Speech And Expression

Freedom of speech and expression is broadly understood as the notion that every person has the natural right to freely express themselves through any media and frontier without outside interference, such as censorship, and without fear of reprisal, such as threats and persecutions.

through any media and frontier without outside interference, such as censorship, and without fear of reprisal, such as threats and persecutions. Freedom of expression is not absolute and carries with it special duties and responsibilities therefore it may be subject to certain restrictions provided by law.

Restrictions

Sovereignty and integrity of India

Security of the State

Friendly relations with foreign states

Public order

Decency or morality

Contempt of court

Defamation

Incitement to an offence

Cyber Laws of India And Social Media

There is no specific legislation in India which deals with social media.

in India which deals with There are several provisions in the existing so-called cyber laws that can be used to seek redress in case of violation of any rights in cyberspace, internet, and social media.

Hate speech

Hate speech is speech that offends or attacks people on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, disease, or other traits.

Internet shutdown

Internet shutdown is a violation of fundamental rights.

Internet access is a basic right that must not be restricted.

that must not be restricted. A blanket shutdown can be dangerous because it fails to distinguish between the legal and illegal aspects of the action.

It isn’t productive and leads to social & economic losses.

Right to Life & Personal Liberty

‘Right to life and personal liberty’ as a fundamental right is provided by the constitution of India under Article 21.

It guarantees that no person shall be deprived of his life and personal liberty except in accordance with the procedure established by law.

except in accordance with the Right to life and personal liberty is available to the citizens as well as non-citizens.

is available to the In the constitution of India, the Freedom of speech and expression is enshrined in Part III Is absolute cannot be curtailed by legislation and can be suspended in an emergency.

Conclusion

Right to the internet access comes under the Right to freedom of speech and expression and it should not be curtailed by the legislation except some reasonable restrictions.

by the legislation except some reasonable restrictions. A blanket shutdown can be dangerous because it fails to distinguish between the legal and illegal aspects of the action and also leads to economic and social loss.

The government should ensure this very right to its citizens without fail so views are expressed freely.

Mains model question

The active role of the judiciary is a prerequisite in upholding the rights of citizens and preserving the constitutionality of the laws in recent times. Eludiciate

References