Like it or not, comment is free, for now. Go ahead forward that joke to your friend or that funny cartoon about politicians….Big brother will not be watching. All thanks to a 24-year-old law student Shreya Singhal who decided to challenge in court Section 66A of the Information Technology Act.
Even as posts celebrating this landmark judgment are appearing on Facebook pages, Anna Mini, research assistant at Institute of Management in Government, says: “It’s such a landmark judgement and reassures our hope in democracy. Social media and other virtual media are spaces for expressing one’s views without mediation or intervention. Those have become platforms of equally important political discussions. In a democracy, it’s important to sustain such liberal spaces.”
It was an innocuous remark that suddenly turned up the heat on cyber space. A comment that was put up by 21-year old Shaheen Dhada and ‘liked’ by 20-year old Renu Srinivasan landed the two into trouble and unleashed the thought police who were suddenly snapping at their heels. “Today, Mumbai shuts down due to fear, not due to respect” wrote Shaheen, commenting on the holiday that was declared following the death of Bal Thackeray. That was enough to bring the police to her door.
Suddenly there was a spurt in incidents that saw Facebook users behinds bars for making fun of politicians or for making remarks that were not pleasing to political masters.
Social media users, especially youngsters, hope this ruling brings the curtain down on those moves.
Arundhathi D., a research student of the University of Hyderabad, is unequivocal in her support for the judgement. “The best thing that could have happened; it has opened up the democratic space for expression. This law was widely misused to create fear among dissenters and intimidate them. It was counter to our fundamental right to expression. Social media is a place, nay the only place, where the people could express their views without any kind of censoring. It was where one could hear the voice of democracy,” she says.
She says even her parents were concerned if she and many like her might get into trouble with the law for their uncensored views on people and events.
Even while welcoming the judgment, there are many voices of caution as well. Ganesh Gopal, a research assistant working in Centre for Development Initiative, terms it as a brilliant and landmark move by the Supreme Court.
“Personally, undoubtedly, I feel this is a win for the Indian citizen. Nonetheless, I am in agreement with regulation and there need to be laws/checks in defence of national security. But when the use and interpretations of such legislations by the machinery turn partisan, then that is the death of democratic freedom of speech. Most past instances have demonstrated intolerance and undemocratic action towards citizens expressing their political dissent.
“The thin line between “regulation” and “control” still needs to be well defined, and should not pave way to or promote the existent (unfortunate) arrangement where people are afraid of the Government, and not the other and not the other way round. Also, this is not the end of the issue, but just the beginning of a larger struggle in cyberspace.”
Every social media user should be celebrating, says Annapoorna, lawyer and anchor. “There are two sides to it. The positive side is that the law enforcing authorities won’t be able to misuse it. But the flip side is that it might encourage online bullies to go on the rampage. I hope that does not happen.”
Television anchor and film actress Soumya also feel that while the order striking down certain parts of Section 66A is a welcome move, “there are many sides to the issue”. She adds: “The freedom shouldn't be misinterpreted or misused. The order does not give us the license to go overboard with our comments/opinions. Now that we have been given the freedom to express, it is better to weigh the pros and cons of what we are posting on the Net. We should understand that rules exist for the general goodwill.”
However Arundhathi is not willing to buy the common apprehension that sans the law, lawlessness would prevail in cyber space. “Bullying, trolling and abuse exist on social media. Why is it that the authorities do not seem to have the same enthusiasm to stop such miscreants? Instead every time, the action against social media users seem to be politically motivated and all parties are guilty. If there is misuse of social media, users can block, report or unfriend such ‘friends’,” says Arundhathi.
