Must value freedom of speech, exercise self-restraint, rules SC

Noting that citizens must know the value of the right of freedom of speech and expression and exercise self-restraint, the Supreme Court on Monday said it was mulling issuing guidelines to regulate offensive posts on social media.

“One of the fundamental duties is to uphold the unity and integrity of the country India. So that is being violated. See all these divisive tendencies, at least on social media, must be curbed,” a Bench of Justices BV Nagarathna and KV Viswanathan said while hearing a petition filed by Wazahat Khan, who has been booked in several states for alleged offensive posts on X against a Hindu deity.

“But to what extent can the state curb? Instead, why can’t the citizens themselves regulate themselves? Citizens must know the value of freedom of speech and expression. If they don’t, then the state will step in and who wants the state to step in? Nobody wants the state to step in (sic),” it noted.

Asking counsel for different states to file their responses, the Bench posted the matter for further hearing after four weeks. The Bench extended the interim protection from coercive action to Khan, which was initially granted on June 23. He had filed a complaint against another social media influencer, Sharmistha Panoli, for allegedly making communal remarks in a video.

Khan was arrested by the Kolkata police on June 9. He moved the apex court alleging that FIRs and complaints had been lodged against him in several states, including Assam, West Bengal, Maharashtra and Haryana, for certain old tweets made by him. The FIRs were in retaliation to a complaint filed by him against Panoli, who was arrested and later released on bail, he argued.

“The freedom of speech and expression is a fundamental right. But there is no self-restraint and self-regulation.… If the citizens want to enjoy this fundamental right, they will have to regulate themselves and there has to be some kind of self-restraint,” the Bench said, adding “divisive tendency” on social media had to be curbed.

The Bench, however, clarified, “We are not speaking about censorship. But in the interest of fraternity, secularism and dignity of individuals… We will have to go beyond this petition.” Highlighting the reasonable restrictions under Article 19 (2) of the Constitution on freedom of speech and expression, it said they had been “rightly placed”.

While hearing a petition by a cartoonist accused of sharing alleged objectionable cartoons of PM Modi and RSS workers on social media, the top court said the right of freedom of speech and expression was being “abused”. As the SC pulled up Hemant Malviya for his controversial posts, the Indore-based cartoonist agreed to delete the same.

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