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In July , a Muslim man was arrested in the South Indian city of Chennai on charges of sedition, on the basis of WhatsApp messages that he had received on his phone. The man was released after a magistrate found no evidence of anti-national activity or calls for violence. Two days later, it emerged that internet service providers ISPs had taken down the page following a court order. The makers of two Indian films, Jab Harry Met Sejal and Lipstick Under My Burkha , had requested the court to block the Internet Archive as well as more than 2, file-sharing sites, in an effort to stop pirated copies of their films from being watched online.
By the end of the month, the 47th internet shutdown of hit India — this time in the northern states of Haryana and Punjab. Mobile internet services were suspended because of growing tensions a day before a special court was to deliver its verdict in a rape case against high-profile godman 4 Gurmeet Ram Rahim Singh.
The shutdown lasted six days. Internet lease lines were suspended in a smaller geographical area.
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The constitutionality of both the provision and rules was upheld. Her year-old son, Anwar, works in a company, while her youngest son, Amanullah, is preparing for class 12 exams. If the writ petition of Kamlesh Vaswani currently under consideration in the Supreme Court is successful, this will only further exacerbate this situation: There have also been attempts, on occasion, to use these Acts to directly penalise speech and expression online.
Two separate, ongoing cases in the Supreme Court are of particular importance. While Supreme Court jurisprudence might take into account incitement to discrimination as well as incitement to violence, the text of the law does not distinguish between slander directed at a powerful majority and abuse targeted at a marginalised community or individual.
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In other words, through morality, a particular set of power relations is sought to be protected. Two years later, her year-old daughter—her second child—was gunned down along with three men on the outskirts of Ahmedabad.
How are these competing concerns to be balanced out? But even if the contents of the videos of the JNU protests were known to be true, the speech in question would still not qualify as seditious. WhatsApp group admin in Karnataka arrested for sharing offensive posts on PM.
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Given this lack of punishment, Prakash has argued, the law is open to widespread abuse: It is because many lawmakers as well as government officials continue to believe that public order trumps freedom of expression wherever the two clash that restrictions can be imposed in India with relative ease — and the judiciary provides only limited relief.
Second, phrases that gain currency on social media and subsequently in wider parlance, but that have no legal standing, become an informal lexicon to justify sedition charges. In the landmark judgment of Shreya Singhal v. While all the provisions discussed are bailable, the longer sentence under the IT Act makes obscenity under section 67 a cognisable offence, meaning that the police are allowed to start an investigation and make arrests without requiring the permission of a magistrate.
We will examine the connections between regulation of one aspect of this debate, that of network neutrality, and the right to freedom of speech and expression.