Context:
The Supreme Court has recommended that the Government introduce regulatory measures to prevent vulgarity and perversion in the name of humour on digital platforms.
The Court suggested that any such regulation should meet the following criteria:
– Respect freedom of speech and expression.
– Stay within the parameters of “reasonable restrictions” under the Constitution.
Freedom of Speech – Article 19(1)(a)
Freedom of speech is the right to express ideas and opinions without fear of censorship, retaliation, or legal action. It applies to many forms of expression, including speech, writing, pictures, and performances.
How is freedom of speech protected in India?
- In India, Article 19(1)(a) of the Constitution guarantees freedom of speech and expression.
- This includes the right to express oneself through speech, writing, pictures, movies, banners, and more.
- However, there are reasonable restrictions that can be imposed on this right.
Existing Legal Frame: Is There a Need for Fresh Regulations?
While the Supreme Court now calls for configurations on new laws, there already exist certain existing laws which tackle digital obscenity, such as:
- Bharatiya Nyaya Sanhita (BNS)
- Defines obscene digital content as such which is “lascivious or appeals to prurient interest”.
- Punishable under criminal law.
- Information Technology (IT) Act
- Contains similar penal provisions for obscene online content.
- Cable Television Network Rules (Programme Code)
- Prohibits programmes which are offensive to decency.
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- Provides an age based classification of contents.
- Has a grievance redressal mechanism as follows:
- Platform level complaint handling.
- Self regulatory body.
- Government inter departmental committee.
Challenges & Concerns
- Overreach of Law Enforcement
- Frequent FIR filings due to complaints against digital content overburden courts with judicial intervention.
- Universal reach of the Internet does not allow justification on universal jurisdiction where one complaint can cause widespread legal consequences.
- Risk of Over Regulation
- Such legal threshold will entertain all creative expression and set up barriers to digital freedoms. The prevailing regime of laws is beyond sufficient, and any further legislation might lead censorship and abuse.
- Need for a Balance Approach
- The offensive content will be addressed, but the response should be compiled.
- Mature societies should weigh legal consequences against artistic freedom and public sensibilities.
