Judicial clarity on free speech

Syllabus: GS-II

Subject: Polity

Topic: Right issues

Issue: Fundamental Rights

Bombay High Court judgement on Fact checking unit:

  • Recently Bombay High Court in Kunal Kamra case has declared Fact Checking Unit for digital facts related to central government unconstitutional.
  • The court declared that the amendment is not within the boundaries of reasonable restrictions envisaged in Article 19 (2) to 19(6) of constitution.
  • It is arbitrary and discriminatory as it exclude print media thus it violates Article 14 of constitution.
  • The court found that the fact checking unit violate the doctrine of proportionality and the absolute necessity of the measure to achieve the State’s goal.
  • As per the court, the unit may cause a chilling effect and frontal assault on market place of ideas.
+1 Advantage for mains (Statements to be used in essay or GS answer)

·     The will of the State is subject to scrutiny by those who are affected by the exercise of State power.

·     Democratic power is a trust held upon conditions.

Harold Laski, A Grammar of Politics, 1937

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