Social Media & Cyber LawDoes restricting access to social media

limits one’s individual freedom of speech & expression?

Advocate Prashant MaliMSc(Computer Science), LLB, LLM, CCFP, Phd(Persu.)

President – Cyber Law Consulting (Advocates & Attorneys)

Lawyer , Author & Speaker

Social Media & Cyber Law

Article 19(1)(a) of The Constitution of India

guarantees the

freedom of speech and expression

&

Article 19(2) permits reasonable restrictions in the interests of – inter alia –

“public order, decency or morality”.

Social Media & Cyber Law

• Public Order When to be Invoked?

The Court has held that “public order” may onlybe invoked if there is a direct and immediaterelation between the offending speech and apublic order disturbance – such as, for instance,a speaker making an incendiary speech to anexcited mob, advocating imminent violence .

Ram Manohar Lohia , 1960 case

Social Media & Cyber Law

• When Morality is Invoked?

• As held in Ranjit D. Udeshi Case,1964 to be invoked when pornographic materials are concerned

Social Media & Cyber Law

Is Section 66A Restricting Free Speech on Social Media ?

A. The SC bench said "this law does not silence you. It stops you from saying something offensive. It does not injunct you from speaking, rather, it injuncts you saying something offensive. Freedom of speech does not mean you are free to say anything to anybody." The terms like "grossly offensive" and "menacing character" of an information are not so "vague and any educated person and even uneducated persons understand their meaning,“

10th December 2014 Wednesday in Supreme Court

Social Media & Cyber Law

But is Grossly Offensive & Menacing Character Defined somewhere ?Ans : NOWhat is the problem Then ?Ans: It is left to Police Officer for InterpretationSo What ?Ans: Two Palghar Girls arrested to curb free speech resulted in their speech being broadcast across the country on social media, print media & television.So What

This brought in a Chilling Effect

Social Media & Cyber Law

• What is a Chilling Effect ?

Chilling effect is a term in law and communication that describes a situation When speech is penalized, people will ,out of fear and caution, exercise self-censorship, and the political discourse will be diminished

In Ram Jethmalani v Subramaniam Swamy, The Delhi High Court observed: “if a person is under fear of being sued, he may not express himself freely on public issues, and this would chill the public debate.”.

Social Media & Cyber Law

Exodus of North-East People

Government reacted by restricting only 5 SMS per day to regulate the Speech

What Happened ?

People went to WhatsApp, BBM & Twitter and these platforms are hard to regulate by Government & LEA.

The Net interprets censorship as damage and routes around it .. John Gilmore , S/W Developer

Social Media & Cyber Law

What could be the solution to Section 66A Ans:1. Guidelines to be made explaining with illustrations what is

“Grossly Offensive or having menacing character”2. Defining or Removing words like annoyance3. Provision to increase the penalty with the gravity and

repeat occurrence of offence4. Awareness amongst citizens about what speech is

offensive and what is not.5. Teaching Language & Etiquettes of Social Media in School

probably in “Community Living Subject”

Social Media & Cyber Law

Social Media is a good media in the hands of common man to express his views and thoughts, but wrongly wordings or defamatory speech can destroy some ones life and dignity.

Social Media while enhances freedom of speech & expression but simultaneously brings in danger of violating the Law if prudence is not used.

Social Media & Cyber Law

Thank Youprashant.mali@cyberlawconsulting.comMobile : +919821763157Twitter: @CyberMahaGuruwww.prashantmali.com