Should Commercial Speech on Digital Platforms be Regulated
• The Supreme Court has urged the Union government to draft guidelines for regulating social media, citing influencers’ commercialization of free speech that may offend vulnerable groups.
s with Spinal Muscular Atrophy, alleging derogatory remarks by c• The order was based on an intervention application filed by a non-profit representing personomedians.
• Apar Gupta and Jay Vinayak Ojha discuss the question, arguing that legal mechanisms for prosecution already exist.
• Jay Vinayak Ojha believes that constructing an elaborate framework of legislation based on a single incident would be an overreaction.
• JVO argues that reasonable restrictions on free speech under Article 19(2) of the Constitution do not include the protection of individual dignity.
• AG argues that any limitation on freedom of speech and expression must be imposed through a duly enacted law and must withstand the test of proportionality.
• The Supreme Court upheld the constitutionality of criminal defamation, recognising individual dignity as one of the bases for sustaining the remedy.
Speech Regulation and Its Impact on Free Speech
• Regulations may silence unpalatable speech, potentially affecting the freedom of artists and comedians.
• The Supreme Court has acknowledged the importance of protecting even unpalatable speech, quashing a criminal case against Congress MP Imran Pratapgadhi.
• Concerns persist about the revival of the Broadcasting Services (Regulation) Bill, which could lead to mass censorship or suppression of voices.
The Profit-Driven Nature of Commercial Speech
• Commercial speech should not be dismissed as irrelevant to public discourse.
• The Supreme Court has consistently recognized that commercial speech falls within the ambit of Article 19(1)(a).
• Speech of comedians, journalists, or satirists has never traditionally been categorised as commercial speech.
The Polyvocality of the Supreme Court
• A polyvocal court does not detract from its status as a court of record.
• The court has directed the executive to frame regulations, which blurs institutional boundaries and renders any future constitutional challenge difficult.
• The dichotomy between legal certainty and the development of law through individual judicial perspectives should not be confused with the polyvocal nature of courts.
Safeguards for Misuse of Regulations
• Safeguards should begin with strong review mechanisms and reflect a clear respect for constitutional values of free speech.
Commercial Content Control is important topic for Civil service exam (WBCS).
🚨Daily Current Affairs MCQ pdf download- Google Drive Link https://drive.google.com/drive/folders/1PN6A2mDkCngLsGR115zhZ_vTV8W7AKN8?usp=drive_link
✅Telegram channel link: https://t.me/TheSoumyaSir
✅Attempt the daily current affairs test in our free section of app (android and ios) : https://play.google.com/store/apps/details?id=co.iron.rrnvu
✅ Interview related telegram group https://t.me/IASWBCSInterview 🔥 Book free consultation with WBCS Gr A Officer: https://bit.ly/Free-Appointment-with-Soumya-Sir-Other-WBCS-A-Officer
✅ Courses https://www.wbcsmadeeasy.in/courses/
✅ Attempt previous years questions : Link: https://bit.ly/wbcs-pyq-wbcsmadeeasy
✅ Take subject wise Chapterwise mock test : https://bit.ly/wbcs-prelims-all-subjects-chapter-wise-test
✅ Bio – https://bit.ly/m/wbcs-made-easy
✅ App download – Android: https://play.google.com/store/apps/details?id=co.iron.rrnvu&pcampaignid=web_share (iOS available too)
WBCS MADE EASY www.wbcsmadeeasy.in
8274048710/8585843673
Jawahar IAS www.jawaharias.in 7439954855
