Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Supreme Court on Social Media Guidelines.
Context:
The Supreme Court of India, while hearing a case against comedians including Samay Raina for making insensitive jokes about persons with disabilities, raised concerns about the misuse of free speech on social media.
- The Court emphasized that although freedom of speech is a fundamental right, it comes with responsibility, especially when commercial interests are involved.
- It directed the Union Government to frame guidelines to regulate conduct on social media and online platforms, balancing free speech with the dignity of vulnerable communities.
Key Takeaways:
SC Observations:
- The Court reiterated that freedom of speech and expression is integral to a civilised society and cannot be “trampled upon on flimsy and fanciful grounds.”
- The Supreme Court has clearly stated that the right to freedom of speech (Article 19) must be balanced against the right to life and dignity (Article 21).
- In the event of conflict, dignity prevails over unfettered speech.
- The Court has stressed that citizens must exercise self-restraint online and highlighted that endless litigation due to offensive posts is clogging the legal system.
- It warned that unless people regulate themselves, State intervention may become necessary.
Implications and Potential Impact of Supreme Court’s Social Media Directive in India:
Conclusion:
The Supreme Court’s directive to frame guidelines for regulating social media conduct reflects the judiciary’s effort to adapt constitutional rights, like freedom of speech, to the evolving digital environment. By emphasizing the need to safeguard the dignity and sentiments of all sections of society including marginalized and vulnerable groups the Court balances the fundamental right of expression with social responsibility.
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