Online Censorship Threatens Free Expression: Editorial
Why in News
An editorial highlights online censorship as a threat to fundamental right to free expression. This raises concerns about government powers to regulate digital content and its impact on civil liberties.
Background
The balance between national security, public order, and fundamental rights is crucial for democratic governance. Judicial oversight ensures that restrictions on free speech are reasonable and proportionate.
Key Figure
• 2000 — Information Technology Act enacted • 2015 — Shreya Singhal v. Union of India judgment
Key Facts
- 1Art. 19(1)(a): Guarantees freedom of speech and expression to all citizens.
- 2Art. 19(2): Allows 'reasonable restrictions' on freedom of speech for grounds like sovereignty, security, public order, defamation.
- 3Information Technology Act, 2000: Primary legislation governing cyber activities and electronic commerce in India.
- 4Section 69A, IT Act: Empowers the Central Government to block public access to any information through any computer resource.
- 5Shreya Singhal v. Union of India (2015): SC struck down Section 66A of IT Act, upheld Section 69A with safeguards.
- 6Supreme Court (Art. 124): Apex judicial body, acts as the guardian of fundamental rights.
Exam Angle
The government's online censorship powers, while necessary for national security, must be exercised within the constitutional framework of reasonable restrictions under Article 19(2) and subject to robust judicial review to prevent arbitrary curtailment of fundamental rights.
PYQ Connection
PRELIMS_FACT: Art. 19(1)(a), IT Act Sec 69A, Shreya Singhal case