E-Free Speech 

E-Free Speech 

E-Free Speech is a modern way to use Article 19 which comprises freedom of speech. Freedom of speech is the right of people to express their mindset ,opinion and viewpoint as per their perspective towards any situation. Without freedom of Speech, an individual cannot express its individuality and feel free in the democracy.

E-Free Speech includes right to express through electronic and broadcasting . The best Example of E-free speech is twitter which has almost more than 24 million users in India. It is very popular for its ruthless criticism. Its Scope is beyond the boundaries of the Nation. This describes that Free Speech is beyond the Geographical Limit as per Maneka Gandhi v. Union of India Case.

Article-19 Restrictions with E-Free Speech

Article 19 does not only contain claims but also has restrictions on its arbitrary use. Restrictions relate to interests of the security and sovereignty of India, Friendly relations with foreign states , Public order, Morality or decency in the contempt of court, Incitement or defamation to an Offence

E-Free Speech has some bad repercussions in the context of Fake news . Sometimes E-Platform uses to spread propaganda through anti-Social elements of Society. It gives birth to Rumour and create uncertainties and insecurities in people’s mindset. It indirectly effects the productivity of the individual towards the nation growth.

Freedom of speech : mother of all other liberties - iPleaders
Image Source: Ipleaders

Recent judgments related to E-Free Speech

In The Indian Express Newspaper ,The article of Apar Gupta “The power to Block”. Karnataka High Court verdict on takedown orders to twitter speaks in favour of expanding arbitrary executive Power. He Elaborate that court has made three determinations which will increase tyrannical Web censorship.

First is about block the entire account rather than block that particular tweet without any long legal threshold. Second is blocking order themselves do not need to contain reasons in writing. The reason can only orally communicated at the time of committee hearing. This will prevent advances notices of the reasons for blocking and thereby even ordinary user can also take action against arbitrary executive power easily. Third, a person can only complain when apprised of the situation through a notice and given the opportunity for a real remedy.

Image Source: The University of Chicago

Here’s an overview of Section 69A

Grounds for Blocking: Under Section 69A, the government has the power to block or restrict public access to any information on the internet if it believes it is necessary or expedient to do so in the interest of sovereignty and integrity of India, defense of India, security of the state, friendly relations with foreign states, public order, or to prevent incitement to the commission of any cognizable offense relating to these issues.

Blocking Procedure: The blocking procedure involves the following steps:a. Issuance of Direction: The government or any authorized officer can issue a written order directing any agency of the government or an intermediary (such as an internet service provider or website operator) to block access to certain information.b. Review Committee: The government has established a Review Committee consisting of high-level officials that assesses the order’s validity within a specified period.c. Blocking Order: If the Review Committee finds the order valid, it may direct the agency or intermediary to block access to the specified information. The blocking order must be executed within a reasonable time.

Intermediary Compliance: Intermediaries, such as internet service providers and social media platforms, are required to comply with blocking orders issued under Section 69A. Failure to comply with a blocking order can result in penalties for intermediaries.

Section 69 of IT Act with E-Free Speech

Section 69 of IT Act elaborates the E-free Space in the judgement of Karnataka High Court . Twitter claimed that multiple accounts and posts have been flagged by the court and government on the basis of arbitrary Action. According to the twitter, blocking of account is violation of the right to Free speech through broadcasting and technology. There is lacking of disclosure of specific topic that directs the block content by the government.

E-Free Speech needs a proper regulation with respect to control communal disharmony and intolerance. In Karnataka High court judgement ,freedom of speech is somewhere overlapped by the other Duties like maintain the Unity and Integrity of the Nation. It should be balance the importance of Individual rights and Fundamental duties of the Citizens.

Visit our Website for more Interesting Blogs: Knowldgehotspot.com

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top