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GS2 — Polity & Governance

Online Censorship: Threat to Free Expression, IT Act Scrutiny

1 min read5 Key Facts

Why in News

Editorial highlights online censorship as a threat to fundamental right to free expression. It implicitly refers to government's power to issue takedown notices under existing laws.


Background

This issue concerns the scope of fundamental rights in the digital age and the state's power to regulate online content. It impacts democratic discourse and individual liberties, requiring a balance between security and freedom.


Key Facts

  1. 1Art. 19(1)(a): Guarantees freedom of speech and expression to all citizens.
  2. 2Art. 19(2): Allows reasonable restrictions on free speech for public order, decency, security, etc.
  3. 3Information Technology Act, 2000: Primary law dealing with cybercrime and e-commerce in India.
  4. 4Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Regulates social media intermediaries and digital news publishers.
  5. 5Shreya Singhal v. Union of India (2015): SC struck down Section 66A of IT Act for vagueness and overbreadth.

Exam Angle

The governance challenge lies in establishing a robust regulatory framework for online content that upholds constitutional guarantees of free speech while addressing concerns of national security and public order.


PYQ Connection

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MAINS_ANALYTICAL: Balancing fundamental rights with state regulation in digital space.

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