INTRODUCTION

India is one of such paradises on earth where you can speak your heart out without the fear of
someone gunning you down for that, or, it has been until now. Even if the situation of Indians
is a lot better than that of their fellow citizens of other nations, the picture is not really
soothing or mesmerizing for Indians any more. This observation is being made with regard to
the exercise of the right of freedom of speech and expression in the context of social media
and the hurdles placed on that by the arbitrary use of the so-called cyber laws of the nation,
particularly Section 66A of the Information Technology Act, 2000.

What is social media ?

Social media is such a platform that people of the world can talk to each other and share their
documents with each other. Social media is very efficient and beneficial and this thing is
saving the time of people and everything can be reached on time and can talk to anywhere.
This platform is for people to express their views and the idea, which is very good. The
Freedom of Speech and Expression has been told in our Indian constitution that every citizen
of India has the right under the Constitution of India. It is a platform in social media in which
you can express your thoughts and ideas like Social networking , Blogs, Micro blogs, Vlogs
and Video Sharing sites, Wikis, Social Bookmarking, Social News, Media Sharing,
Facebook, Instagram, Twitter, Mail, etc.

Freedom of speech and expression

Freedom of Speech and Expressions We have got our Indian Constitution. This is a right in
which you can say anything, but in that you have restriction in some things which have been
applied by law. Freedom of Speech and Expectation is a good thing that everyone should get
and also in our India, which is a good thing which we have no inhibition, no interference in
speaking, neither nation nor international. We can speak our own way and can raise our voice
for any wrong thing, whether it is for the country or for humans or animals. It is our duty to
raise our voice against any wrongdoing.

Article 19 (1) (a) of the Constitution of India also confers on the citizens of India the right to
freedom of speech and expression. The freedom of speech and expression means the right to
express ones convictions and opinions freely by word of mouth, writing, printing, pictures or
any other mode. It also includes the right to propagate or publish the views of other people.
Freedom of speech and expression / social media

Right now the internet and social media have become a very efficient means of Vital
Communication. Right now the use of Vital Communication is very much that of Right of
Expressions and Exchange Information and Idea. At this time, Vital Communication has been
growing very much in the last several years. It promoted Human Rights like Justice,
Opportunity, Accountability and Repeat of Human Right with the Help of Exchange
Information. Right now Vital is playing a huge role of Communication which is very
beneficial which is very new thinking and Creating Sense of Solidarity.

Emphasising the importance of internet, the UN Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression in his Report, which was
submitted to the Human Rights Council, The Internet has become a huge platform at the
moment, the Internet is now a promoting site for the Right of Expression and Opinion, Idea,
which can use the rights at this place. With the help of the Internet, we can keep our words
even in the politics. Right now the internet has become a very positive image that promotes
freedom and rights of expression and opinion, which is just about everyone, everyone can use
it and everyone can use it from their mobile.

The UN Human Rights Committee has also tried to give practical application to freedom of
opinion and expression in the radically altered media landscape, the centre stage of which is
occupied by the internet and mobile communication. Describing new media as a global
network to exchange ideas and opinions that does not necessarily rely on the traditional mass
media, the Committee stated that the States should take all necessary steps to foster the
independence of these new media and also ensure access to them 1. Moreover, Article 19 of
the UDHR and Article 19(2) of the ICCPR also provides for freedom of speech and
expression even in case of internet and social media.

Thus, it is seems like internet is place to exercise their rights of freedom of speech and
expression or opinion which is helps and promotes the rights of freedom of expression, this is
a fundamental rights in our Indian constitution. In the light of growing use of internet and
social media is medium of exercise of this right, access to this medium has also been
recognized as a fundamental human right

Restriction of freedom of speech and expression

1
“Freedom of Expression and New Media”, available on the Web, URL:
http://www.ohchr.org/EN/NewsEvents/Pages/FreedomExpressionandnewmedia.aspx
The freedom of speech and expression does not confer on the citizens the right to speak or
publish without responsibility. It is not an unbraided license giving immunity for every
possible use of language and prevents punishment for those who abuse this freedom. Article
19(3) of the ICCPR imposes restrictions on the following grounds:

(a) For respect of the rights of reputations of others

(b) For protection of national security, or public order, or public health or morals.

As per Article 19(2) of the Constitution of India, the legislature may enact laws to impose
restrictions on the right to speech and expression on the following grounds:

(a) Sovereignty and integrity of India

(b) Security of the State

(c) Friendly relations with foreign States

(d) Public order

(e) Decency or morality

(f) Contempt of court

(g) Defamation

(h) Incitement to an offence