Khushi Agarwal, O.P. Jindal Global University
INTRODUCTION
Having a free voice is one of the cornerstones of maintaining a democracy. Such freedoms like that of a free speech has been enshrined into the very constitutional values by our constituent makers . However, in recent years, India has been among the countries that have drawn attention for their arbitrary control of free speech. The government has been accused of repressing dissent and preserving its grasp on power through the usage of emergency powers such as content blocking. A democracy that operates effectively depends on the freedom of speech and expression, and when the government unilaterally censors speech and online data, it conveys the message that dissenting voices are not welcome. This paper will be focusing upon the recent case of the blocking of the BBC documentary – ‘The Modi Question’ and determining whether such ban of content under section 69A of the IT Act1 read with Rule 16(3) of the IT Rules2 is in violation of the golden triangle of the constitution. The paper is divided in three main parts which will analyse each of the three constitutional articles and rely upon the existing jurisprudence to understand and determine whether the ban was in violation of the one’s fundamental rights. It will lastly also attempt at ascertaining whether there was an arbitrary use of power by the government whilst banning the content and solutions or steps that can be taken to curb such arbitrary use of power.
