Supreme Court also stressed on the need for citizens’ self-restraint and regulation in the exercise of freedom of speech, especially on social media.
Supreme Court's Observations
- Having an opinion is one thing but to say that in a particular way is an abuse of freedom of speech, which is leading to unnecessary litigation and overburdening law enforcement.
- Citizensshould self-regulate social media but if self-regulation fails, the state may have to intervene to curb divisive tendencies.
- Article 19 of the Constitution of India, guaranteeing freedom of speech and expression, is enforceable both against the state (vertical application) and against other citizens (horizontal application).
- Horizontal Application of fundamental rights was recognized by the Supreme Court in Kaushal Kishor Case (2023).
Impact of social media on Freedom of Speech
- Positive Impacts
- Democratization of Voice: Gives voice to marginalized and underrepresented communities.
- Strengthens Participative Democracy: Allows citizens to participate in political and social discourse.
- Accountability and Transparency: Citizens and Media use platforms to hold authorities accountable and raise issues of public importance.
- Negative Impacts
- Misinformation and Fake News: Can lead to panic, riots, defamation.
- Hate Speech and Abuse: Online harassment, abuse and trolling affect individuals socially and mentally.
- Algorithmic Bias: Algorithms reduces exposure to diverse ideas and amplify certain kinds of content.