Silencing Voices: An In-Depth Analysis Of Freedom Of Speech And Expression On Social Media Platform In Context Of India’s IT Act

Sabhya Gupta, BA LLB, School of Law, Christ (Deemed to Be) University, Bengaluru

ABSTRACT

Freedom of speech and expression is a fundamental right enshrined under article 19 (1)(a) of the Indian constitution, there have been many instances where it has been curtailed and the scope of the article has been narrowed down for enforcing other laws. This Research Paper provides with an examination of Section 69A of India’s Information Technology Act which gives power to the government to regulate the online content in interest of public order and national security and its effects on freedom of speech and expression within the realm of social media platforms, which have emerged as a powerful and influential online platform for communication and expressing views. Research delves around the socio-political context, shedding light on way in which the section 69A of IT Act is being improperly interpreted due to the vague language of the Act, the words or phrases such as ‘public order’ and ‘national security’ have not been defined clearly which gives a wider interpretation of the same and act do not provides with procedure to be implemented while giving and enforcing blocking orders which is causing threat to free speech and being used for self benefit by restricting free speech. This study deals with the scope, intent and legislative framework of Section 69A of IT Act. By analyzing it through the legal framework and precedent case laws, understanding that how this section impact the free speech and expression to the users on the social media platform. The study also includes the role of social media platforms in relation to public opinion. This research aims to serve the comprehensive recourse to general public, scholars and activist who aims at understanding the relationship between Section 69A of IT Act and Freedom of speech and expression enshrined as a fundamental right Article 19 (1) (a) in Indian constitution.

Keywords: Information Technology Act, Article 19(1)(a), Free speech, blocking content, Section 69(A)