Freedom of Speech: Freedom of Speech: An Indian Overview An Indian Overview

Karuna NundyKaruna Nundy

Advocate, Supreme Court of India and International Advocate, Supreme Court of India and International Human Rights LawyerHuman Rights Lawyer

The Indian Penal Code, 1860The Indian Penal Code, 1860

Sedition: Sedition: “attempts to excite disaffection towards, the Government” (Section 124a)(Section 124a)

Promoting “feelings of enmity” between groups (Section 153a)

Acts to “outrage religious feelings” by insulting religion (Section 295A)

The Constitution of IndiaThe Constitution of India

Article 19(1)(a)Article 19(1)(a)

All citizens shall have the right to freedom of speech and expression;

Constitution of India: Constitution of India: Article 19(2)Article 19(2)

Allows “reasonable restrictions” on speech for:sovereignty, integrity of India security of the State, friendly relations with foreign States public order, decency or morality contempt of court, defamation or incitement to an offence

DualistDualist

ButBut

Bangalore Principles for Bangalore Principles for Commonwealth JudgesCommonwealth Judges

The process is the punishmentThe process is the punishment

Binayak Sen vs State of Chhatisgarh Binayak Sen vs State of Chhatisgarh (Appeal, Chhatisgarh High Court)(Appeal, Chhatisgarh High Court)

Growing intolerance and the Growing intolerance and the chilling effectchilling effect

Dinanath Batra and Ors vs Wendy Dinanath Batra and Ors vs Wendy Doniger and Ors. Doniger and Ors.

(Settled, District Court)(Settled, District Court)

Concentration of corporate Concentration of corporate media powermedia power

Sakal Newspapers vs Union of IndiaSakal Newspapers vs Union of India

(5 Judge Constitution Bench, Supreme (5 Judge Constitution Bench, Supreme Court)Court)

Bankrupting the speakerBankrupting the speaker

Sahara Ltd and Ors vs Tamal Sahara Ltd and Ors vs Tamal Bandopadhyay and OrsBandopadhyay and Ors

(Ongoing case, Calcutta High Court)(Ongoing case, Calcutta High Court)

Online speech, replacing Online speech, replacing hammers with scalpelshammers with scalpels

Peoples’ Union of Civil Liberties vs Peoples’ Union of Civil Liberties vs Union of India and OrsUnion of India and Ors

(Ongoing case, Supreme Court)(Ongoing case, Supreme Court)

 Section 66A of the IT Act: criminalises online "annoyance" and "inconvenience"

The Website Blocking Rules, 2009: secret censorship, without reasons, without appeal

The Intermediaries Guidelines, 2011: force private censorship by ISPs.

Secret censorship, secret Secret censorship, secret surveillancesurveillance

India’s PRISM: Network Traffic Analysis India’s PRISM: Network Traffic Analysis oror

NETRANETRA

Constitutional challenge?Constitutional challenge?

Thank you Thank you