Supreme Court's Consideration on Social Media Regulations
The Supreme Court of India, emphasizing the importance of the freedom of speech and expression, is considering framing guidelines to address "divisive tendencies" on social media platforms. The court highlighted the necessity for citizens to exercise self-restraint and the potential role of the state in intervention if this is not upheld.
Supreme Court's Stance
- The court stressed the balance between enjoying fundamental rights and adhering to reasonable restrictions.
- It highlighted that citizens’ fundamental duty includes upholding the unity and integrity of the nation, which is compromised by divisive tendencies.
- The court clarified that it is not suggesting censorship but aims to promote fraternity, secularism, and the dignity of individuals.
Horizontal Application of Free Speech
- The Supreme Court recognized that the right to freedom of speech can be invoked horizontally, meaning a citizen can assert this right against another citizen, not just the state.
- This approach was noted in a 2023 verdict, allowing citizens to sue each other for free speech violations.
Judicial Observations
- The court indicated that abuse of freedom of speech could burden the legal system, diverting resources away from other criminal cases.
- It emphasized the difference between having an opinion and expressing it abusively, which can be seen in the context of hate speech.
- It also pointed out the need for fraternity among citizens to reduce hate.
Self-Regulation and Social Awareness
- The court explored creating awareness and initiating social movements to combat hate speech, advocating for a social boycott of egregious speech.
- The complexity of self-regulation was noted due to the lack of editorial oversight on social media.
