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This article is written by Shazia Parveen, an intern under Legal Vidhiya

Abstract

The internet has revolutionized the landscape of freedom of speech, enabling individuals to express their thoughts, opinions, and ideas on global scale. This study explores the impact of the internet on this fundamental right, examining both its positive and negative implications. On the positive side, the internet has empowered marginalized groups, providing them with a platform to be heard and amplifying their voices on a global scale. It has democratized communication, enabling individuals to challenge traditional power structure, engage in political discussions, and advocate for social change. Access to a vast array of information and diverse viewpoints has become easier, promoting inclusivity and expanding knowledge.

However, the internet also presents challenges to freedom of speech. The spread of misinformation and fake news has raised concerns about the reliability of online information. Issues like hate speech, online harassment, and privacy breaches have become prevalent, threatening the safety and well-being of internet users. To address these challenges, it is crucial to establish legal and ethical frameworks that protect free speech while ensuring responsible digital citizenship. Balancing the need for free expression with responsibility to ensure a safe and inclusive online environment is crucial.

Introduction 

The internet plays a very significant and censorious function in today’s world. We are unable to imagine ever going a day without utilizing the internet. Every person’s running back thought is always about interning. Only if he is given access to basic comforts and a strong internet connection is someone willing to vow to spend the entire year in a single space. This demonstrates a person’s fascination with using the internet. Any activity or job can be done, including journal reading, grocery shopping, and in the modern world, working from home. An essential component of modern living is the Internet. Data consumption has significantly increased over time.

Free speech is significantly impacted by the Internet. Without worrying about censorship or retaliation, it has made it possible for people to openly communicate and express their thoughts. No matter how divisive or unpopular a subject may be, anyone can voice their opinions without worrying about being ignored or suppressed. People can now freely express their thoughts and beliefs online without worrying about being rejected or retaliated against. This has facilitated the emergence of novel concepts and the dissemination of knowledge, both of which have benefited society as a whole. People can now express their ideas and opinions with others thanks to the development of social media platforms, online forums, and blogs. This has facilitated the growth of novel concepts and the dissemination of knowledge on a wide range of subjects. Additionally, the Internet has made it possible to address contentious issues that were previously impossible.

Understanding the meaning of free speech

Free speech refers to the fundamental right of individuals to express their thoughts, opinions, and ideas without fear of censorship or punishment. It encompasses the freedom to speak, write, publish, and engage in peaceful assembly or protest. Free speech is a cornerstone of dramatic societies, promoting open dialogue, the exchange of diverse viewpoints, and the ability to challenge authority. However, it is important to note that free speech does not protect speech that incites violence, spreads hate speech, or defames others. Balancing the protection of free speech with the prevention of harm is an ongoing challenge in society.

Right To Freedom Of Speech And Expressions

A fundamental right protected by Article 19 (1) (a) of the Indian Constitution is the freedom of speech and expression. The fundamental right of the citizen is Article 19 of the Indian Constitution, which is enforceable against the State. The fundamental right to express oneself through gestures, artistic creations, speech, theater performances, music, painting, and other forms of communication is one of the fundamental human rights in a democratic state. The goal of the right to freedom of speech and expression is to guarantee that people can express their thoughts and feelings without fear of repercussion from the state. The Indian Constitution as well as international law both guarantee the right to freedom of speech and expression. It guarantees that free expression has a significant impact on a democratic society. The European Convention on Human Rights and Fundamental Freedom, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights, all of which were adopted in 1948, all provided legal protection for the right to free expression. The right to silence is a component of the right against self-incrimination under Article 20(3) of the Indian Constitution, and it is also a part of the freedom of speech.[1]

 Freedom of speech and expression and internet

Through the use of the Internet and social media, people can now exercise their right to freedom of expression and engage in information and idea exchange. Around the world, there has been a growing movement of individuals in recent years calling for justice, equality, transformation, the accountability of the powerful, and respect for human rights. The Internet and social media have frequently played a crucial part in such movements by allowing individuals to rapidly connect, exchange information, and foster a sense of solidarity. The UN Human Rights Committee has also attempted to put freedom of speech into practice in the drastically changing media landscape, where the internet and mobile communication take center stage. The Committee declared that the States should take all necessary measures to develop the independence of these new media and also make sure that access to them. It described new media as a worldwide network to exchange ideas and opinions that does not necessarily rely on the traditional mass media. Additionally, freedom of speech and expression is guaranteed under Article 19 of the UDHR and Article 19(2) of the ICCPR, including in the situation of the internet and social media. Thus, it can be shown that the Indian Constitution and other international documents acknowledge freedom of speech and expression as a basic right, regardless of the media through which it is expressed. Access to this medium has also been acknowledged as a fundamental human right in view of the expanding use of the internet and social media as a means of exercising this right[2].

Duality in the Nature of Free Speech on Social Media

Everyone has the right to free speech on social media, so both opposing views can be heard. The right to free expression has benefits and drawbacks for the general public. Both known users and anonymous users have the same rights to free speech while expressing themselves online. Both users are permitted to post critical comments without fear of having their free speech rights violated. Good opinions have a good effect on readers, whereas bad opinions have the opposite effect. After reading an online opinion, a reader’s perspective on a topic could change since opinions can reveal information that the reader may not have known before creating their viewpoint.

When presented with new information, especially if it is accurate, everyone should be able to change their beliefs without being ridiculed for doing so. The goal of free speech was to provide people the freedom to express themselves online without fear of repercussions. While free speech has achieved its goal, it has also provided those who want to disseminate false information the opportunity to do so without being held accountable.[3]

THE POSITIVE IMPACT OF INTERNET ON FREEDOM OF SPEECH AND EXPRESSION

The freedom of speech and expression around the world has been significantly impacted by the internet. It has made it possible for people to communicate their ideas, beliefs, and points of view to a much greater audience than ever before. People may now access information and ideas from all around the world via the internet, which empowers them to establish their own beliefs and have meaningful conversations with others who share those opinions. This has increased the diversity of perspectives, enabling a more inclusive and open discussion of crucial issues. People may now access a variety of previously inaccessible knowledge thanks to the internet, enabling them to make well-informed judgments on crucial issues. Finally, the development of online communities and networks has made it possible for people to connect with one another and express their opinions in a secure setting. The freedom of speech and expression has increased globally as a result of all of these factors

 THE NEGATIVE IMPACT OF INTERNET ON FREEDOM OF SPEECH AND EXPRESSION

The freedom of speech and expression on the internet has suffered significantly in recent years. Governments and businesses are progressively limiting access to particular types of content and enacting laws that restrict citizens’ freedom of speech. The main reasons for doing this were to safeguard national security and stop the spread of hate speech and terrorist propaganda. However, it has also been used to stifle political dissent and criticism of government programs, as well as to limit access to information that may arm citizens with knowledge and assist them in making educated decisions. The freedom of expression on the internet has also been further constrained by online censorship and the use of algorithms and artificial intelligence to manipulate online debates[4]

CONCLUSION

The internet has revolutionized freedom of speech, empowering individuals to express themselves globally. It has democratized information sharing, fostering open dialogue and diverse perspectives. It is undeniably true that using social media to express one’s freedom of speech and expression is a very effective strategy. However, it is also being used more frequently for unlawful activities, which has made the government’s efforts to restrict social media more effective. Whereas the misuse of social media necessitates legal regulation, there are real concerns that censorship will inevitably lead to the infringement of people’s civil rights. So, rather than censoring social media, regulating of it is preferred. However, India’s current cyber regulations are not fit nor sufficient in this regard. When it comes to dealing with cyberspace security, a study of the existing IT laws reveals that the government has unchecked and enormous power. Even so, it won’t be enough to stop social media abuse. Therefore, it would be ideal to have specific legislation that governs social media. In light of all of this, it is recommended that the government create a committee composed of technological specialists to examine all potential aspects of the use and abuse of social media and provide recommendations for an appropriate approach to regulation that won’t jeopardize individuals’ civil rights.


[1] https://lawcorner.in/freedom-of-speech-and-expression-internet/( visited on 17 august 2023)

[2] https://www.legalserviceindia.com/legal/article-426-social-media-and-freedom-of-speech-and-expression.html( visited on 17 august 2023)

[3] https://www.writinglaw.com/impact-of-internet-on-free-speech/( visited on 18 august 2023)

[4] https://jlrjs.com/internet-and-its-impact-on-free-speech/#:~:text=Finally%2C%20the%20internet%20has%20enable( visited on 19 august 2023)


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