Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness 304 Part I IPC | Sudden Fight Between Brothers Over Mud House Construction: Jharkhand High Court Converts Murder Conviction To Culpable Homicide When Rape Fails, Section 450 Cannot Stand: Orissa High Court Acquits Accused of House-Trespass After Finding Relationship Consensual Concurrent Eviction Orders Will Not Be Reopened Under Article 227: Madras High Court Section 128 Contract Act | Surety’s Liability Is Co-Extensive: Kerala High Court Upholds Recovery from Guarantors’ Salary Custodial Interrogation Not Warranted When Offences Are Not Punishable With Death or Life: Karnataka High Court Grants Anticipatory Bail to Deputy Tahsildar in Land Records Case Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Consumer | No Complete Deficiency In Service — Excess Rainfall Also To Blame: Supreme Court Halves Compensation In Groundnut Seed Crop Failure Case Development Cannot Override The Master Plan: Supreme Court Nullifies Cement Unit CLU In Agricultural Zone Negative Viscera Report Is Not a Passport to Acquittal: Madras High Court Confirms Life Term of Parents for Poisoning Mentally Retarded Daughter Observations Have Had a Demoralising and Chilling Effect: Allahabad High Court Judge Recuses from Bail Matter After Supreme Court’s Strong Remarks Controversial YouTube Remarks On ‘Black Magic Village’ Not A Crime: Gauhati High Court Quashes FIR Against Abhishek Kar “Failure To Specifically Deny Allegations Amounts To Admission”: J&K High Court Reiterates Law Under Order VIII CPC Section 293 Cr.P.C. Does Not Bar Examination of Expert When DNA Report Is Disputed: MP High Court Medical Evidence Trumps False Alibi: Allahabad HC Upholds Conviction In Matrimonial Murder Where Strangulation Was Masked By Post-Mortem Burning Helping Young Advocates Is Not A Favour – It Is A Need For A Better Justice System: Rajasthan High Court Section 82 Cr.P.C. | Mere Non-Appearance Does Not Ipsi Facto Establish Absconding: Punjab & Haryana High Court Sets Aside Order Declaring Student Abroad as Proclaimed Person

Freedom of Speech in Cyberspace Cannot be Unreasonably Constricted: Punjab and Haryana High Court

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the Punjab and Haryana High Court addressed the critical issue of freedom of speech in the realm of cyberspace. The court, presided over by Hon’ble Mr. Justice Sudhir Singh and Hon’ble Mr. Justice Harsh Bunger, focused on delineating the boundaries of this fundamental right in the context of social media and online platforms.

The central legal question revolved around the extent to which freedom of speech and expression under Article 19(1)(a) of the Constitution can be exercised on digital platforms. The petitioner, Kunal Chanana, challenged the actions of the Election Commission of India and other respondents, arguing that these actions excessively restricted his freedom of speech on social media.

Kunal Chanana’s dispute stemmed from a series of his posts on social media platforms, which were subsequently flagged and removed by the Election Commission for allegedly violating model code of conduct guidelines. The petitioner contended that such removal was an overreach and an unwarranted encroachment on his constitutional right to free speech.

Nature of Speech in Cyberspace: The court noted, “The internet is a unique and powerful medium, transcending traditional boundaries and amplifying the voices of individuals.” This observation highlighted the transformative nature of cyberspace in enabling free speech.

Scope of Regulation: While acknowledging the necessity of some regulations in cyberspace, the court emphasized that such rules must be “proportionate, reasonable, and non-arbitrary.” The bench cited various precedents underscoring the sanctity of free speech within reasonable constraints.

Balance of Interests: In a key part of the assessment, the judges observed, “While the state has a legitimate interest in ensuring the integrity of elections, this interest must be balanced against the fundamental rights of the citizens.”

Analysis of the Respondent’s Actions: The court meticulously examined the actions of the Election Commission and other respondents, deliberating on whether these actions were justified under the ambit of reasonable restrictions prescribed by the Constitution.

Decision: The court ultimately ruled in favor of the petitioner, holding that the actions of the Election Commission in removing Kunal Chanana’s social media posts were disproportionate and violated his right to free speech. The court ordered the reinstatement of the posts and cautioned against unnecessary curtailment of speech in cyberspace.

Date of Decision: April 3, 2024

Kunal Chanana vs Election Commission of India and others

 

Latest Legal News