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‘Citizens must know the value of freedom of expression’: SC flags divisive social media content
The supreme court granted interim protection to Khan and discussed potential guidelines for responsible expression among citizens.
The supreme court on Monday said that citizens must know the value of freedom of speech and expression and observe self regulation.
“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),” Justice Nagarathna said.
The statement, appearing to be aimed towards regulating offensive posts on social media, was made while a bench comprising Justices B V Nagarathna and K V Viswanathan was hearing a plea of Wazahat Khan, whose complaint, for allegedly making communal remarks in a video, led to influencer Sharmistha Panoli’s arrest on May 30.
Khan himself, is also booked in FIRs in several states, including West Bengal, Maharashtra and Haryana, for his objectionable posts on X against a Hindu deity, and was arrested on Jun 9.
Following this, he moved the supreme court. The FIRs were in retaliation to a complaint filed by him against Panoli, who was arrested and later released on bail, he countered.
"I have deleted all of them and apologised," his counsel said, submitting Khan was perhaps "reaping what he has sown".
Offensive comments should not be made in response to similar posts, his lawyer said in court.
On June 23, supreme court granted him interim protection from coercive action till July 14, i.e. tomorrow.
Does ‘self regulation’ mean censorship?
The bench clarified that the statement did not imply censorship.
"There should be fraternity among citizens," the bench said, as it considered framing guidelines on freedom of speech and expression for citizens.
The bench underlined the reasonable restrictions under Article 19 (2) of the Constitution on freedom of speech and expression, saying they had "rightly been placed".
What will happen to Wazahat Khan?
The court extended Khan's interim protection from arrest till the next hearing of the case.
The bench also asked the counsel to address larger issue of self regulation of freedom of speech and expression of citizens.
