Freedom of Speech – Defamation, Sedition, etc.

Access to Internet is a basic right, says Kerala High Court

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Art. 19

Mains level : Read the attached story

  • The Kerala High Court held that the right to have access to the Internet is part of the fundamental right to education as well as the right to privacy under Article 21 of the Constitution.

Right to access Internet

  • The court ordered to re-admit a student who had been expelled from the college hostel for using her mobile phone beyond the restricted hours.
  • The court observed that when the Human Rights Council of the UN has found that the right of access to Internet is a fundamental freedom and a tool to ensure right to education.
  • A rule or instruction which impairs the said right of the students cannot be permitted to stand in the eye of law.
  • The bench contended that the use of mobile phones amounted to a violation of fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution.

Restrictions on Art. 19(1)(a)

  • The court cited the observations of the Supreme Court in the S.Rengarajan and others v. P. Jagjivan Ram (1989) case.
  • It said that the fundamental freedom under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in Article 19(2) .
  • And the restriction must be justified on the anvil of necessity and not the quicksand of convenience or expediency.
  • 19(2) provides for reasonable restrictions on Art. 19(1)(a) in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
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