The limitation on Free Speech
- Imphal Times Editorial :: July 25 2020 -

Before the coming of the internet, when newspapers, Television, Theatre, Public Meeting, and Cinemas are medium of commenting to the act of any government machinery or political parties or say to any individual, the first action received was a legal notice under defamation or sedition laws.

Those days only a few people can comment on critical ways, and those few people happened to be prominent figures and laws hardly find evidence to prove their criticism as derogatory, seditious or defamatory.

Maybe the actors of those days presented their criticism after a thorough knowledge of the law of this land.

Right to freedom of speech and expression is guaranteed to all the citizens of the country under Article 19 (1)(a) on the condition that this freedom of speech and expression shall not affect the operation of any existing law, or prevent the State from making any law or affect interests of the sovereignty and integrity of India as well as the security of the State.

The free speech and expression are also limited when it affects friendly relations with foreign States, public order, decency or morality or concerning contempt of court.

Now after the coming of the internet and invention of social networking software which makes every individual irrespective of their status or educational qualification or ages now get connected.

Any idea of any individual is today seen uploaded by almost all people who access the social networking site particularly the ‘Facebook’.

To control this medium, the government amended the Information Technology Act, 2000 in 2008 and get assent from the President on February 5, 2009.

Section of the amended IT act sanctioned authority the government machinery to punish any person who sends, information that is grossly offensive or has menacing character; or any information which he knows to be false, but to cause 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,

This section 66 A of the IT act was however struck down in 2015 by a division bench of Supreme Court relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India.

The Court further held that the Section was not saved by being a ‘reasonable restriction’ on the freedom of speech under Article 19(2).

However, a news report appeared in The Hindu newspaper that said that on January 7, 2019, said that the 66A of the IT Act already struck down by the Supreme Court was found to be still in use.

The Supreme Court expressed shocked on hearing that authorities still continue to book people under the now extinct and draconian provision even after three years after it struck down Section 66A of the Information Technology Act as unconstitutional,

But still then there are laws that stated the whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.