Abstract:
People have a strong desire to share their opinions and listen to others. This makes it difficult to justify forcing individuals to remain silent, reinforcing the idea that we have a moral right to speak and listen that should be protected by legislation. Most political and legal professionals agree that free speech should be protected, although they disagree on the issues. The main considerations are why free speech should be protected and what reasonable justifications exist for limiting it. The discussion begins by addressing what “freedom of speech” means in different contexts. Then it will talk about the role of social media. Finally, it focuses on how companies that encourage communication, such as internet platforms, spread misinformation.
Keywords: freedom of speech, social media, legislation, consequences
What Is The Definition Of Freedom Of Speech?
In philosophy, the terms “freedom of speech,” “free speech,” “freedom of expression,” and “freedom of communication” are frequently used interchangeably. They all connect to the principle that people should have the freedom to express themselves. This includes not only speech but also other kinds of expression, such as dancing and art, which can convey messages even when they do not use words. It’s difficult to distinguish between “speech” and “conduct” (actions) because certain activities combine the two.
According to Article 19(1)(a) of the Constitution of India[i] states that all citizens shall have the right to freedom of speech and expression. The philosophy behind this article lies in the Preamble of the Constitution, where a solemn resolve is made to secure for all its citizens liberty of thought and expression.
For example, during the American Revolution, to protest the British Parliament’s tax on tea. “No taxation without representation.” The demonstrators boarded the ships and threw the chests of tea into Boston Harbor.
To determine whether restricting such acts violates free speech, we must evaluate the values underlying free speech. If free speech is vital because it allows individuals to hear multiple perspectives and form their own beliefs, then prohibiting the throwing of tea into the harbor to limit exposure to certain viewpoints would violate free speech. However, if the restriction is only to prevent destruction of property and applies to everyone equally, it is unlikely to violate free expression.
The Age of Social Media and the Internet
The Internet and social media have become essential tools for communication, allowing individuals to exercise their right to freedom of expression and share information and ideas. Global use of social media: In the previous decade, social network platforms’ overall user population has almost tripled, rising from 970 million in 2010 to 5.04 billion in January 2024. Some 94.2 percent of people who use the internet now use social media every month, which is similar to 62.3 percent of the overall global population. Demographic distribution: The most active users are aged 18–34, followed by 35–54.There is a huge rise in the number of people aged 54 and above.[ii] In recent years, there has been a noticeable global movement of people advocating for change, justice, equality, accountability, and respect for human rights. Social media and the Internet have played a crucial role in these movements by enabling instant communication and fostering a sense of unity among participants[iii].
In today’s media environment, where the internet and mobile communication are dominant, the UN Human Rights Committee has acknowledged the significance of freedom of opinion and expression. It emphasized that states should take all necessary steps to support the independence of these new media and ensure access to them.
Moreover, Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) protect the right to freedom of speech and expression, including on the internet and social media. These articles affirm that freedom of speech and expression is a fundamental right, regardless of the medium used.In India, as well as in international documents, freedom of speech and expression is recognized as a fundamental right. Given the increasing use of the internet and social media for exercising this right, access to these platforms has also been acknowledged as a fundamental human right.
Philosophical Debates On Free Speech And Social Media Regulation
One of the most important philosophical disputes about free speech and social media regulation centres on the duties of large social media platforms like Facebook and Twitter.
- Should these platforms be obligated to protect their users’ free speech?
- Should they feel responsible to limit or avoid amplifying damaging speech?
- Do you believe it is necessary to have a legislation that enforces these obligations?
People have differing opinions on whether platforms should take action to remove harmful content. There is a debate about whether platforms should function as impartial channels for speech, much like a bulletin board where the owner is not held accountable for the content posted by individuals. On the other hand, some people argue that platforms should take on the moral duty of removing harmful content, like hate speech or misinformation, as they have the potential to amplify these messages and cause significant harm.
The Influence of Technology:
The role of algorithms and AI: Algorithms and AI are essential in shaping the content that users encounter on digital platforms. These technologies have the potential to influence public discourse by favoring certain perspectives while suppressing others. Algorithmic bias is a major issue that we need to address. It can result in unfair treatment of content due to factors such as user engagement patterns or biases in the AI’s training data.
Take, for example, when an AI system is trained using biassed data. In such cases, there is a risk that it could unfairly target content from marginalized groups, resulting in the unjust suppression of their voices. There are some important ethical considerations to be made regarding transparency, fairness, and the importance of having diverse and unbiased training datasets.
Exploring Technological Solutions for Moderation: New approaches to content moderation are being offered by emerging technologies. Take blockchain technology, for example. It offers the potential for decentralized moderation, where control is spread out across a network instead of being concentrated in one place. Enhancing transparency and reducing the power of a single entity to control speech would be beneficial.
Researchers are also looking into how AI can be used to better identify harmful content, including hate speech. Nevertheless, these technologies encounter difficulties in accurately understanding the context and subtleties of human communication, which are crucial for differentiating between harmful and harmless content.
Lastly, we need to consider whether the law should enforce these moral responsibilities. There is a viewpoint held by some individuals that the act of compelling platforms to moderate content may potentially infringe upon the rights of free speech. Some people have concerns about granting the government the authority to enforce these obligations, as they worry it may result in misuse and excessive control.
Governing Free Speech And Expression:
India’s approach to free speech in the digital age is shaped by its Constitution and cyber laws. Within the existing legal framework, various provisions address the concerns surrounding free speech on social media, although there is no specific legislation solely dedicated to this matter.
Article 19(1)(a) of the Indian Constitution ensures the fundamental right to freedom of speech and expression. Nevertheless, this right is subject to reasonable restrictions as outlined in Article 19(2), which allows for limitations to safeguard:
- The preservation of India’s sovereignty and integrity
- Ensuring the security of the state is of utmost importance.
- Establishing positive diplomatic ties with other nations
- Maintaining societal harmony and stability
- Ethics or moral principles
- Disregard for legal proceedings Slander or libel
- Encouragement of criminal activity
Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR) permits limitations on freedom of speech and expression in order to safeguard the rights or reputations of individuals, as well as to ensure national security, public order, public health, or morals. The mentioned provisions emphasize the importance of balancing free speech, a fundamental right, with other societal interests, as it is not absolute.
In the case of Shreya Singhal v. Union of India (2015):This significant case examined the constitutionality of Section 66A of the Information Technology Act, which made it a criminal offence to send offensive messages through communication devices. The Supreme Court invalidated Section 66A due to its lack of clarity and overly broad scope, highlighting the importance of well-defined legislation that respects the boundaries of free speech.
In the case of Anuradha Bhasin v. Union of India (2020):The Supreme Court analysed the matter of internet shutdowns in Jammu and Kashmir in this important case. The Court emphasised that internet access is a fundamental right protected by the right to freedom of speech and expression. The ruling emphasised the significance of digital communication platforms in contemporary free speech and established a precedent for guaranteeing internet access.
The impact of international frameworks on various aspects cannot be underestimated. These frameworks have a significant influence on global affairs and policies, shaping the way nations interact and cooperate. Their role in promoting collaboration and addressing global challenges cannot be overstated.International treaties and conventions have a significant impact on the development of national policies regarding freedom of speech. The International Covenant on Civil and Political Rights (ICCPR) plays a crucial role in setting worldwide standards for the protection of freedom of expression.
Article 19(3) of the ICCPR provides guidelines for limitations on freedom of speech in order to uphold the rights and reputations of individuals, as well as to ensure national security, public order, public health, and morals. International guidelines have a significant impact on the formulation of regulations in various countries, including India, as they strive to strike a balance between free speech and other societal requirements.
The General Data Protection Regulation (GDPR) of the European Union:The GDPR has had a profound effect on the manner in which digital platforms manage and safeguard user data. The GDPR not only addresses privacy concerns, but also has implications for free speech as it regulates the management and sharing of personal information online. This regulation emphasises the intricate relationship between privacy, data protection, and freedom of expression in the modern era.
Conclusion
Ultimately, the convergence of free speech and digital communication in today’s era poses an intricate and diverse obstacle. The right to freedom of expression is a fundamental aspect of democratic societies, highlighting the significance of enabling individuals to express and access a wide range of perspectives. Nevertheless, the emergence of social media and the Internet has brought about new complexities that add layers to the realm of free speech. The swift spread of information, the influence of algorithms on public conversation, and the abundance of harmful content call for a reassessment of conventional methods for safeguarding free speech.
Although social media platforms provide unparalleled avenues for self-expression, they also carry substantial obligations in curbing the dissemination of false information and offensive language. The ongoing discussion surrounding the regulation of these platforms and their content moderation brings to light the delicate balance between safeguarding freedom of speech and mitigating potential harm. Technological advancements like AI and blockchain offer potential solutions, but they also bring about ethical and practical challenges in the realm of fair and effective moderation.
From a legal standpoint, various frameworks such as the Indian Constitution, international treaties like the ICCPR, and regulations such as the GDPR offer valuable guidance on how to strike a balance between the right to free speech and other important societal interests. Examples such as Shreya Singhal v. Union of India and Anuradha Bhasin v. Union of India demonstrate how the courts have been adapting their understanding of free speech in the digital era. These cases highlight the importance of having well-defined laws that balance individual rights with the challenges of our modern world. In order to achieve a well-rounded approach to free speech in the digital age, it is crucial for governments, technology companies, and civil society to engage in continuous dialogue and collaboration.
It is crucial to establish policies that uphold the principles of freedom of expression, while also promoting accountability and safeguarding individuals from potential harm. By carefully considering these complexities, societies can maintain the essential right to free speech in a way that is morally sound and beneficial for the greater
End Notes
[i]The Constitution of India
[ii]Tabinda A. (2024). Understanding the emergence and impact of social media platforms. In IOSR Journal of Humanities and Social Science (pp. 26–30). https://doi.org/10.9790/0837-2904102630
[iii]Social media and freedom of speech and expression. (n.d.). https://legalserviceindia.com/legal/article-426-social media-and-freedom-of-speech-and-expression.html
Written By: Aisha Adil, Student at Anjuman-I-Islam’s Barrister A.R. Antulay College of Law