'Citizens must know value of freedom of speech, expression': SC mulls framing guidelines

New Delhi, Jul 14 (PTI) The Supreme Court on Monday said citizens must know the value of the right of freedom of speech and expression, and exercise self restraint as it mulled guidelines to regulate offensive social media posts.

A bench comprising Justices B V Nagarathna and K V Viswanathan was hearing a plea of one Wazahat Khan booked in FIRs in several states, including West Bengal, for posting against a Hindu deity on X.

“One of the fundamental duties is to uphold the unity and integrity of the country India. So that is being violated. See all these divisive tendencies, at least on social media, must be curbed," the court said.

The top court continued, "But to what extent can the state curb? Instead, why can't the citizens themselves regulate themselves? Citizens must know the value of freedom of speech and expression. If they don't then the state will step in and who wants the state to step in? Nobody wants the state to step in (sic)." The top court, in the meantime, extended the interim protection from coercive action to Khan which was initially granted on June 23. He had filed a complaint against another social media influencer Sharmistha Panoli for allegedly making communal remarks in a video.

Justice Nagarathna during the hearing said, “The citizens must know the value of the fundamental right of freedom of speech and expression. The State can step in case of violations… Nobody wants the State to step in (sic)." The bench observed the "divisive tendency" on social media had to be curbed.

It added, “The freedom of speech and expression is a fundamental right. But there is no self restraint and self regulation… if the citizens want to enjoy this fundamental right they will have to regulate themselves and there has to be some kind of self restraint.” Referring to the observations of Justice Viswanathan, Justice Nagarathna said, “My learned brother rightly said that there should be fraternity between the citizens then all this hatred will come down.” “We are not speaking about censorship. But in the interest of fraternity, secularism and dignity of individuals...We will have to go into this beyond this petition,” the bench observed.

The top court outlined the reasonable restrictions under Article 19 (2) of the Constitution on freedom of speech and expression, saying they had "rightly been placed".

The cases arising out of abuse of the freedom of speech and expression, the court said, were clogging the legal system.

The bench also wondered why citizens weren't exercising self-restraint, particularly while using social media platforms.

“Having an opinion is one thing but to say that in a particular way is an abuse. Sometimes it will not come in the court in the context of hate speech. My learned brother rightly said that there should be fraternity between the citizens then all this hate will come down,” Justice Nagarathna said.

The bench asked Khan's counsel to assist it in dealing with the larger issue of self regulation of freedom of speech and expression of citizens.

While posting the hearing after four weeks, the court ordered the counsel for different states to file their responses.

Khan was arrested by Kolkata Police on June 9. He moved the apex court alleging that FIRs and complaints have been lodged against him in several states, including Assam, West Bengal, Maharashtra and Haryana, for certain old tweets made by him.

The FIRs were in retaliation to a complaint filed by him against Panoli, who was arrested and later released on bail, he argued. PTI SJK SJK AMK AMK