X factor: On the X appeal in the Karnataka High Court

Syllabus: GS-II

Subject: Polity

Topic: Right issues

Issue: Fundamental Right- right to speech and expression

Context: Internet shutdowns and arbitrary curbs on free speech on social media.

Key concerns

  • Arbitrary internet shutdowns
  • Vague reasoning without any actual evidence (Violates proportionality tests laid out in Anuradha Bhasin case)
  • Social media platforms lack of transparency on legal requests
  • Jeopardize India’s reputation as a free, democratic society.

+1 Advantage for Mains:  

Case law: Anuradha Bhasin v Union Of India 2020

Undefined and indefinite restriction of internet services is illegal.

The right to freedom of speech and expression under Article 19(1)(a), and the right to carry on any trade or business under 19(1)(g), using the medium of internet is constitutionally protected.

The Review Committee under 2017 rules has to periodically review the suspension orders.

 

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