The right to freedom of speech and expression is one of the most widely celebrated fundamental rights enshrined under the Constitution of India. In a plethora of judgments in the past, the Supreme Court of India has upheld that this constitutional right is guaranteed, irrespective of the medium over which it is exercised. The Supreme Court expressly declared the right to freedom of speech and expression over the Internet as a fundamental right in its landmark judgment dated 10 January 2020, which was pronounced in the context of suspension of inter alia Internet services in Jammu & Kashmir in wake of the abrogation of Article 370.

Importantly, as part of the judgment, the Supreme Court has noted that “technology is an enabler of rights, but not a right in and of itself” and refrained from declaring that ‘right to Internet access’ itself is a fundamental right guaranteed by the Constitution. To say that the Internet is ubiquitous in our daily lives, would be an understatement. From staying abreast of current affairs, paying utility bills, accessing social media to even ordering food and groceries, the Internet plays a vital role. As such, barring Internet access can culminate in bringing daily life to a complete stand still and restrict the capability of individuals to communicate with each other.

Considering that the Internet is a quintessential way to connect people in the present day and allows distribution of information at an unprecedented level, naturally, the suspension of Internet services acts as an impediment in exercising the right to freedom of speech and expression. At present, India has one of the highest number of Internet users in the world, and a majority of these users also use social media platforms to communicate with others and share their thoughts and viewpoints with them. In recent times, there have been several instances of Internet shutdown across the country, which has put the right of freedom of speech and expression in jeopardy.

It is relevant to mention that the right to freedom of speech and expression under the Indian Constitution is in the nature of a ‘negative’ right, meaning that it cannot be denied unless the Constitution itself imposes certain limitations and restrictions. Importantly, the right is not absolute as the Constitution provides certain ‘reasonable restrictions’ where this right can be curbed. These restrictions come into play where they are necessary in the interest of sovereignty and integrity of India, national security, maintenance of public order, etc. Owing to this, there have been instances where the display of certain types of content has been curtailed and, in some cases, the creators of such content have even been put behind bars.

Freedom of Speech

How Internet access is integral to freedom of speech and expression