THE CONTEXT: The Indian government’s arbitrary internet shutdowns and opaque social media content blocking amidst the ongoing farmer protests are a clear violation of democratic values and have raised serious legal challenges.
ISSUES:
- Misuse of Internet Shutdowns and Free Speech Restrictions: State governments must immediately cease the arbitrary use of Internet shutdowns during events such as the farmer protests. It is unacceptable to impose curbs on free speech without adequate justification, and such actions undermine the very foundation of democratic principles.
- Government Meddling in Social Media Content: Issuing blocking orders on social media accounts without transparent reasoning is a blatant violation of free speech. The government must notify users whose accounts or posts are being blocked.
- Transparency Deficiency in Blocking Orders: Social media platforms must disclose information on legal requests from government agencies. Users must not face challenges in seeking recourse when their content is targeted for blocking.
- Influence of Ownership Changes on Platform Behavior: A shift in the behavior of social media platforms under new ownership potentially compromises free speech values. Platforms must serve as spaces for open discourse and not align with the owner’s interests.
- Legal Challenges and Judicial Interpretations: Instances of social media companies contesting government blocking orders in court must be encouraged. Judicial decisions must not compromise users’ freedom to express themselves online.
- Concerns for India’s Democratic Fabric: Risks posed to India’s reputation as a democratic and open society are unacceptable. The government must uphold democratic norms, including free speech, to maintain the country’s democratic fabric.
THE WAY FORWARD:
- Implementation of the Proportionality Test: Any restrictions on internet access or social media must pass the proportionality test, ensuring they are lawful, necessary, and proportionate to achieve a legitimate aim. This aligns with the principles in the Anuradha Bhasin vs Union of India case, where the Supreme Court of India emphasized the need for proportionality in internet restrictions.
- Publishing Transparency Reports: Social media companies should publish transparency reports detailing government requests for content blocking and their compliance. This enhances accountability and informs the public and policymakers about the extent of government interference.
- Regulation of Government Interference in social media: Enforce clear regulations that mandate transparency in government interactions with social media platforms, like the General Data Protection Regulation (GDPR) in the European Union. Ensure that any blocking orders issued by governments are backed by legitimate reasons and subject to judicial review.
- Protection of Free Speech Values: Uphold users’ rights to freedom of expression online in alignment with international human rights standards like those articulated by the United Nations. Ensure that content-blocking orders are issued based on legal grounds and do not unduly restrict legitimate speech.
- Promotion of Democratic Values: Emphasize the importance of preserving India’s democratic values and reputation as a free society in line with global best practices. Encourage dialogue and cooperation between the government, social media platforms, and civil society to uphold democratic principles and protect free speech.
- Decentralized Internet Infrastructure: Developing and promoting decentralized Internet technologies can reduce the ability of any single entity to control or shut down the Internet. This includes peer-to-peer networks and blockchain-based communication platforms.
- International Standards: Aligning national laws with international human rights standards, such as those outlined in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), can provide a robust framework to protect freedom of expression while allowing for necessary restrictions.
THE CONCLUSION:
To protect democratic values, it is imperative to regulate shutdowns, foster transparency in content moderation, and uphold freedom of speech. By drawing from legal precedents and international best practices, we can safeguard these principles and pave the way for a more just society.
UPSC PAST YEAR QUESTIONS:
Q.1 ‘Constitutional Morality’ is rooted in the Constitution and founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (2021)
Q.2 Examine the scope of Fundamental Rights considering the latest judgment of the Supreme Court on the Right to Privacy. (2017)
Q.3 What do you understand by the “freedom of speech and expression” concept? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss. (2014)
Q.4 Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context, justify filing many public interest petitions praying for issuing guidelines to executive authorities. (2020)
MAINS PRACTICE QUESTION:
Q.1 Discuss the government interference in social media content moderation and its impact on democracy, considering recent protests like the farmer protests.
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