The Internet and Its impact

on free Speech

Submitted By: Shivshankar S Mishra, 1st Sem . LLB 3 Years (N.E.P)

Guide : Mrs. Aruna Kadu

Acedemic Year : 2023-24

GOVINRAO WANJARI COLLEGE OF LAW, NAGPUR

RASHTRASANT TUKDOJI MAHARAJ NAGPUR UNIVERSITY, NAGPUR
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The Internet and Its impact on free Speech
Abstract:

The internet has undoubtedly revolutionized the way people communicate, share information and
express their opinions. It has become a powerful tool for promoting free speech and providing a
platform for diverse voices to be heard. However, the internet has also raised concerns about the
potential impact on free speech. While the internet has democratized the ability to publish
content, it has also created challenges for regulating speech and controlling online behavior. The
rise of social media platforms has enabled people to connect with one another and share
information on a global scale, but also facilitated the spread of misinformation and hate speech.
The internet has also given rise to new forms of harassment, including cyberbullying, trolling,
and doxing. Governments and private companies alike have struggled to balance the need to
protect free speech while also combating harmful content and protecting the privacy and safety
of users. The impact of the internet on free speech will continue to evolve as technology
advances, and policymakers must remain vigilant to ensure that the internet remains a space for
the free exchange of ideas and the protection of basic human rights.

Introduction:

The advent of the internet has revolutionized the way people communicate and access
information. The internet has become an indispensable part of modern-day life, and its impact on
various aspects of society, including freedom of speech, has been significant.

In India, the impact of the internet on freedom of speech has been both positive and negative.
This paper aims to analyze the effects of the internet on freedom of speech law in India, and the
challenges and opportunities it presents.

Positive Effects of the Internet on Freedom of Speech:

1. Expansion of the Sphere of Expression:

The internet has expanded the sphere of expression by providing a platform for people to express
themselves freely and widely. It has facilitated the dissemination of information and ideas,

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making it easier for people to access and share information. This has led to the emergence of new
forms of expression, such as blogging, vlogging, and podcasting, which have given a voice to
individuals who may not have had access to traditional media.

2. Empowerment of Marginalized Communities:

The internet has empowered marginalized communities by providing them with a platform to
express their views and opinions. It has enabled them to challenge the dominant narratives and
demand their rights. This has led to the emergence of social media activism, which has played a
significant role in bringing about social and political change.

3. Encouragement of Critical Thinking:

The internet has encouraged critical thinking by providing access to a wide range of information
and perspectives. It has facilitated the exchange of ideas and opinions, making it easier for
people to engage in informed debates and discussions. This has led to the emergence of a more
informed and engaged citizenry.

Problems & Negative Effects of the Internet on Freedom of Speech:

1. Spread of Misinformation:

The internet has facilitated the spread of misinformation, which has undermined the integrity of
information and the credibility of sources. This has led to the proliferation of fake news, which
has the potential to cause harm and undermine the democratic process.

2. Cyberbullying and Online Harassment:

The internet has facilitated cyberbullying and online harassment, which have had a negative
impact on freedom of speech. This has led to the silencing of voices, particularly those of women
and minorities, who are subjected to online abuse and harassment.

3. Threats to Privacy and Data Protection:

The internet has raised concerns about privacy and data protection, which have implications for
freedom of speech. The collection and use of personal data by corporations and governments

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have raised concerns about the potential for abuse and misuse of information, which can have a
chilling effect on freedom of speech.

Challenges and Opportunities:

1. Regulation of Online Content:

The regulation of online content is a major challenge in the context of the internet and freedom
of speech. The propagation of online content has made it difficult to regulate, particularly in the
context of the global nature of the internet. This has led to calls for the regulation of online
content, which has raised concerns about the potential for censorship and the curtailment of
freedom of speech.

2. Protection of Online Privacy and Data Protection:

The protection of online privacy and data protection is a major challenge in the context of the
internet and freedom of speech. The collection and use of personal data by corporations and
governments have raised concerns about the potential for abuse and misuse of information,
which can have a chilling effect on freedom of speech. This has led to calls for the protection of
online privacy and data protection, which has raised concerns about the potential for over-
regulation and the curtailment of freedom of speech.

3. Balancing Freedom of Speech and Other Rights:

The balancing of freedom of speech and other rights, such as privacy, data protection, and
national security, is a major challenge in the context of the internet and freedom of speech. This
has led to calls for the balancing of these rights, which has raised concerns about the potential for
the curtailment of freedom of speech in the name of other rights.

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Legal Aspect:

The following case laws show that India's courts have shown to be the freedom of speech.

1. In Secretary, Ministry of Information and Broadcasting v. Cricket Association,

Bengal, the Supreme Court held that broadcasting is a means of communication and a
medium of speech and expression within the framework of Article 19(1)(a). This case
involved the rights of a cricket association to grant telecast rights to an agency of its
choice. It was held that the right to entertain and to be entertained, in this case, through
the broadcasting media are an integral part of the freedom under Article 19(l)(a).

2. Bhasin v. Union of India, The Supreme Court of India ruled that an indefinite
suspension of internet services would be illegal under Indian law and that orders for
internet shutdown must satisfy the tests of necessity and proportionality. The case
concerned the internet and movement restrictions imposed in the Jammu and Kashmir
region in India on August 4, 2019, in the name of protecting public order. In the end,
however, the Court did not lift the internet restrictions and instead, it directed the
government to review the shutdown orders against the tests outlined in its judgment and
lift those that were not necessary or did not have a temporal limit. The Court reiterated
that freedom of expression online enjoyed Constitutional protection, but could be
restricted in the name of national security. The Court held that though the Government
was empowered to impose a complete internet shutdown, any order(s) imposing such
restrictions had to be made public and was subject to judicial review.

3. Shreya Singhal v. Union of India, The Supreme Court of India invalidated Section 66A
of the Information Technology Act of 2000 in its entirety. The Petitioners argued that
Section 66A was unconstitutionally vague and its intended protection against annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, or ill-will were
beyond the scope of permissible restrictions under Article 19(2) of the Indian
Constitution. The Court agreed that the prohibition against the dissemination of
information by means of a computer resource or a communication device intended to
cause annoyance, inconvenience or insult did not fall within any reasonable exceptions to

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 the exercise of the right to freedom of expression. It further found that because the
provision failed to define terms, such as inconvenience or annoyance, “a very large
amount of protected and innocent speech” could be curtailed and hence its sweep was
overly broad and vague.

4. Shreya Singhal v. Union of India is a landmark legal case in India that dealt with the
constitutional validity of certain provisions of the Information Technology Act, 2000.
The case was primarily focused on Section 66A of the IT Act, which criminalized the
sending of offensive messages through communication services. The case originated
from a series of arrests made under Section 66A of the IT Act for posting allegedly
offensive content on social media platforms. Shreya Singhal, one of the petitioners,
challenged the constitutionality of Section 66A, arguing that it violated the fundamental
right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Indian
Constitution.
The judges noted that the language of Section 66A was overly broad and vague,
potentially leading to arbitrary and discriminatory enforcement.

Law against Freedom of Speech:

1) The Article 19 (1) of Indian constitution provides 6 fundamental rights in the nature of
freedoms which are specifically summarized with sub-clauses of Article 19 (1) as under
(a) Freedom of speech and expression;
The article 19(1) (a) of the Constitution of India states that, “all citizens shall have the
right to freedom of speech and expression”.
The Article 19 (2) states that nothing in sub clause (a) of clause (1) shall affect the
operation of any existing law, or prevent the State from making any law, in so far as such
law imposes reasonable restrictions on the exercise of the right conferred by the said sub
clause in the interests of the sovereignty and integrity of India, the security of the State,
friendly relations with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence

Main Elements of Right of freedom of Speech and Expression:

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1) This right is available only to a citizen of India and not to foreign nationals.
2) The freedom of speech under Article 19(1) (a) includes the right to express one’s views
and opinions at any issue through any medium, e.g. by words of mouth, writing, printing,
picture, film, movie etc.
3) This right is, however, not absolute and it allows Government to frame laws to impose
reasonable restrictions in the interest of sovereignty and integrity of India, security of the
state, friendly relations with foreign states, public order, decency and morality and
contempt of court, defamation and incitement to an offence.
4) This restriction on the freedom of speech of any citizen may be imposed as much by an
action of the State as by its inaction. Thus, failure on the part of the State to guarantee to
all its citizens the fundamental right to freedom of speech and expression would also
constitute a violation of Article 19(1) (a).

2) Article 66 . Punishment for sending offensive messages through communication

service, etc.--Any person who sends, by means of a computer resource or a
communication device,
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation,
enmity, hatred or ill will, persistently by making use of such computer resource or a
communication device;
(c) any electronic mail or electronic mail message for the purpose of causing annoyance
or inconvenience or to deceive or to mislead the addressee or recipient about the origin of
such messages,
(d) shall be punishable with imprisonment for a term which may extend to three years
and with fine.
For the purposes of this section, terms "electronic mail" and "electronic mail message"
means a message or information created or transmitted or received on a computer,
computer system, computer resource or communication device including attachments in
text, image, audio, video and any other electronic record, which may be transmitted with
the message

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 3) The Information Technology Act, 2000 (Section 1 to Section 90) is an Indian law that
governs the use of electronic commerce and digital signatures. Below is an overview of
the sections of the IT Act, 2000:
The Information Technology Act, 2000 is an Indian law that governs electronic
commerce and digital signatures. It covers various sections such as short title, extent,
definitions, digital signatures, regulation of Certifying Authorities, subscribers' duties,
Digital Signature Certificates, penalties, adjudication, Cyber Appellate Tribunal,
offenses, immunity for network service providers, exemption from intermediary liability,
miscellaneous provisions, and the power to make rules. The Act also provides immunity
for network service providers in certain cases and exemptions for intermediaries in
certain circumstances. The Act has been amended over the years to address emerging
digital domain issues, and it is essential to refer to the latest amendments and updates for
the most current information.

How Globally and its impact on free speech can be administered:

Administering and safeguarding free speech globally involves a multifaceted approach that
combines legal frameworks, international cooperation, technological solutions, and public
awareness. Here are key considerations and strategies:

1. International Agreements and Standards:

Encourage the development and adherence to international agreements and standards that
protect freedom of expression. Organizations like the United Nations can play a role in
fostering global norms for human rights, including free speech.
2. Legal Protections:
Advocate for comprehensive legal protections for freedom of expression in national
constitutions and legislation. Ensure that these protections extend to the online
environment and cover emerging challenges related to digital communication.
3. Global Internet Governance:

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 Promote inclusive and transparent global internet governance mechanisms. Encourage
multi-stakeholder approaches that involve governments, civil society, tech companies,
and the technical community in decision-making processes.
4. Tech Company Accountability:
Hold tech companies accountable for their impact on free speech. Encourage
transparency in content moderation policies, provide clear appeals processes, and involve
external experts in reviewing complex content decisions.
5. Digital Literacy and Education:
Invest in digital literacy and education programs to empower individuals to critically
evaluate information, understand the implications of their online activities, and recognize
and respond to disinformation and propaganda.
6. Protection of Whistleblowers:
Implement strong legal protections for whistleblowers who expose corruption or
misconduct, ensuring that they can safely disclose information without fear of retaliation.
7. Digital Rights Advocacy:
Support and engage with organizations and movements advocating for digital rights and
freedom of expression globally. These groups can play a crucial role in raising
awareness, conducting research, and challenging unjust practices.
8. International Collaboration:
Facilitate international collaboration among governments, civil society, and tech
companies to address cross-border challenges related to free speech. This includes
combating online harassment, hate speech, and cyber threats.
9. Protection of Journalists:
Ensure the safety and protection of journalists, bloggers, and media professionals, both
online and offline. Combat impunity for attacks against journalists and work towards
creating an environment where they can report freely without fear.
10. Use of Encryption and Privacy Protections:
Advocate for the use of strong encryption to protect the privacy of online
communications. Support policies that prioritize user privacy and resist efforts to
undermine encryption.
11. Promotion of Open Source Solutions:

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 Encourage the development and use of open-source technologies and platforms to reduce
dependency on proprietary systems. Open source solutions can provide more
transparency and accountability.

12. Civil Society Engagement:

Strengthen the role of civil society organizations in monitoring and advocating for
freedom of expression. Support their efforts to hold governments and other stakeholders
accountable for any violations.
13. Media Pluralism:
Promote media pluralism and diversity to ensure that a variety of voices and perspectives
are represented in the media landscape.

14. Protection from Online Harassment:

Develop and enforce laws and policies to protect individuals from online harassment and
cyberbullying, recognizing the impact on freedom of expression.

Recommendation:

The impact of the internet on free speech is complex, with both positive and negative aspects.
Recommendations to address these challenges and promote a healthy online environment for free
speech include:

1. Strengthen Legal Frameworks: Ensure that legal frameworks protect free speech rights
online, while addressing issues like hate speech, harassment, and misinformation. Laws
should be clear, proportionate, and adaptable to technological advancements.
2. User Education and Digital Literacy: Promote digital literacy and education programs to
empower users to critically evaluate information, understand the consequences of online
actions, and recognize and combat misinformation and disinformation.
3. Transparency in Content Moderation: Advocate for greater transparency in content
moderation practices by online platforms. Users should have a clear understanding of content
policies, moderation algorithms, and avenues for appealing decisions.

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4. User Empowerment and Control: Provide users with tools and settings that allow them to
control their online experiences, such as customizable content filters and privacy settings.
Empowering users helps create a more personalized and secure online environment.
5. Tech Company Accountability: Hold tech companies accountable for their impact on free
speech. Encourage independent audits of content moderation practices and ensure that
companies adhere to their stated values and commitments.
6. Global Cooperation: Facilitate international cooperation to address global challenges
related to online free speech. Collaborate with other countries to share best practices, develop
common standards, and address cross-border issues.
7. Protection of Vulnerable Groups: Implement measures to protect vulnerable groups from
online harassment and discrimination. This may involve specific legal provisions, enhanced
reporting mechanisms, and support for victims.
8. Ethical Use of AI and Algorithms: Promote the ethical design and use of artificial
intelligence (AI) and algorithms in content moderation. Algorithms should be transparent,
fair, and avoid amplifying biases.
9. Net Neutrality: Advocate for and enforce net neutrality principles to ensure equal access to
information for all users, preventing discrimination by internet service providers based on
content.
10. Privacy Protections: Strengthen privacy protections to ensure that individuals feel secure
expressing themselves online. Protecting user data from unwarranted surveillance enhances
trust in online platforms.
11. Open Source Solutions: Encourage the use of open-source technologies and platforms to
reduce dependence on proprietary systems. Open source solutions provide transparency and
community-driven oversight.
12. Support for Independent Journalism: Support and protect independent journalism to
ensure a diverse and robust media landscape. Sustainable business models for journalism can
reduce dependence on advertising-driven revenue.
13. Regular Review and Adaptation: Regularly review and adapt legal and policy frameworks
to keep pace with technological advancements and emerging challenges. Flexibility is crucial
in addressing the dynamic nature of the online environment.

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14. Collaboration with Civil Society: Collaborate with civil society organizations working on
digital rights and freedom of expression. These organizations play a vital role in advocacy,
research, and holding stakeholders accountable.

15. Public Awareness Campaigns: Conduct public awareness campaigns on the importance of
free speech, responsible online behavior, and the potential risks associated with
misinformation. Building a culture of digital citizenship is essential.

Conclusion:

In conclusion, the impact of the internet on freedom of speech in India has been both positive
and negative. While the internet has expanded the sphere of expression, empowered
marginalized communities, and encouraged critical thinking, it has also facilitated the spread of
misinformation, cyberbullying, and online harassment, and raised concerns about privacy, data
protection, and regulation of online content. The challenges and opportunities presented by the
internet require a nuanced and balanced approach to the regulation of online content, the
protection of online privacy and data protection, and the balancing of freedom of speech and
other rights. This requires a careful consideration of the implications of the internet on freedom
of speech and the need to ensure that the benefits of the internet are maximized while minimizing
its negative effects.

Reference

1 https://heinonline.org/
2 https://indiankanoon.org/doc/1218090/
3 https://www.mcrhrdi.gov.in/
4 https://www.indiacode.nic.in/
5 https://globalfreedomofexpression.columbia.edu/cases/bhasin-v-union-of-india/

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6 https://globalfreedomofexpression.columbia.edu/cases/shreya-singhal-v-union-of-
india/

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