Regulation of Speech on Social Media

The Supreme Court of India is advocating for the Union government to create guidelines that regulate speech on social media. This move raises concerns about the empowerment of the executive, which is already perceived as weaponizing legal constraints on freedom of expression.

Concerns Raised by the Supreme Court's Directive

• Response to a petition by a non-profit regarding derogatory remarks against disabled individuals.
• The court's instructions could enable the state to encroach on constitutionally guaranteed rights by exploiting legal grey areas.

The Problem with Expanding Powers to Police Speech

• Partisan use of power to monitor and suppress speech and art.
• Citizens become wary and self-censor, stifling the free exchange of ideas necessary for democracy.
• Film producers and journalists face intimidation, hindering social progress and professional duties.

Recent Government Actions

• Implementation of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• Amendment allowing actions against social media companies for user-posted content flagged by the government.
• The Supreme Court's recent instructions could further these regulatory ambitions.

The Danger of Increased Executive Power

• Hate speech and incitement to violence are already criminal offenses, providing legitimate recourse for disadvantaged groups.
• Further empowering the executive, which has a history of misuse, could be extremely dangerous.

Judicial Misperceptions

The Court's reference to "misuse of freedom of speech" as a justification for increased regulation misinterprets its role. The judiciary should focus on protecting rights within a constitutional framework, not acting as an absolute authority in a feudal manner.