Tracing The Development In The Jurisprudence Of Free Speech And Judicial Approach Towards The Changing Notion Of Freedom Of Speech: A Critical Analysis
Aishwarya Sharma, Research Scholar, RDVV University, Jabalpur
ABSTRACT
In the current era where the people are becoming more and more dependent on the internet for day to day life it becomes important to protect the Right of Freedom of speech and expression in the Cyber space. Today Internet is being profoundly used as a medium for dissemination of opinions and thoughts by the people. Freedom of speech is one of the most vital and cherished right and hence it has been given special status in all democracies of the world. India has also recognized the importance of this right and has also incorporated it under the Indian Constitution. Since its inception the free speech clause is surrounded by various controversies. Even the first amendment of the Constitution limited the said Right. Courts have time and again played a role of balancer and protector of this right but with advent of internet the dynamics of free speech clause have changed altogether. The Courts have not applied the same standards in the virtual world which the courts have applied in the physical world for the protection of this right. The courts have given differential treatment to Internet as a medium for dissemination of Information. The present paper focuses on this issue by elaborating and discussing the trend of the Indian Courts while interpreting free speech clause in the cyber world. The Researcher will critically analysis the judicial opinion of various High courts and Supreme court in order to understand whether various theories of free speech jurisprudence have been applied and if not what is the reason for non-application. The Researcher will further compare the level of protection given to different kinds of speech in the virtual world by the courts and the reason thereto.
