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Presentation
India’s Dilemma: Political Sensitivity and Freedom of Expression
BILETA (2013)
  • Subhajit Basu, University of Leeds
  • A Nair, Northumbria University
Abstract
We have seen that due in large part to heightened political sensitivity and a culture of appeasement, the meaning as well as the scope of freedom of expression, which is protected under the Constitution of India, have been tested in recent history. In a significant number of cases related to social media efforts were being made to regulate and censor social media on the ground of “offensiveness” and “objectionable”, more particularly, through application of Section 66A of the Amended Information Technology Act, 2000 of India. Ironically, legislations with myopic provisions is nothing new in India hence in this paper we will critically analyse whether it is the application of the law – not the law itself which is responsible for threatening freedom of expression. Although the right to freedom of speech and expression is highly qualified, subject to what the government deems “reasonable” restrictions . However, prohibition of expression on the grounds of “offensiveness” would definitely produce undesirable consequences for liberal democracies. We further argue that the “freedom to criticise” should be protected to ensure that the diverse opinions are sincerely held within society and there is no right “not to be offended” from an expression. Instead, these social media related cases highlight a culture of intolerance among the paranoid political elite towards criticism as they fail to distinguish between forms of criticisms that do and form of criticisms that do not actually threaten public order, decency or morality.
Keywords
  • Freedom of expression; offensiveness,
  • Social Media,
  • Indian Constitution
Publication Date
Spring April 11, 2013
DOI
10.13140/RG.2.2.16211.27682
Citation Information
Subhajit Basu and A Nair. "India’s Dilemma: Political Sensitivity and Freedom of Expression" BILETA (2013)
Available at: http://works.bepress.com/subhajitbasu/76/