Shreya Singhal Vs Union of India Case Law

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Shreya Singhal vs

Union of India Case


Law
In 2012, two girls were arrested for Facebook posts about Shiv Sena's bandh
in Mumbai. Shreya Singhal filed a PIL against section 66A and the case made
history.

by Himanshu Kadu
Background of the Case
1 The Controversial Section 66A of the IT Act
It gave the government the power to censor the internet and arrest
anyone posting “offensive” content online.

2 Blatant Misuse of Power


Despite being unconstitutional, the section was used by the authorities
to curb free speech and silence criticism of the government.

3 Shreya Singhal's Appeal


She filed a Public Interest Litigation (PIL) in the Supreme Court,
seeking to have the section struck down.
Laws Challenged in the Case
Articles 19(1)(a) and 19(2) of the
Constitution of India
Section 66A of the IT Act Singhal argued that these provisions guarantee the
It was challenged for being too broad, vague, and freedom of speech and expression and impose
violating the fundamental right to free speech. reasonable restrictions on it.

1 2 3

The Indian Penal Code


Several provisions, including Section 124A (sedition),
Section 295A (hurting religious sentiments), and
Section 499 (defamation), were also challenged for
being violative of free speech and expression.
Landmark Judgments and Amendments

Landmark Judgments Amendments to the Law Impact of the Verdict


The Supreme Court struck down After the Shreya Singhal verdict, It was hailed as a landmark judgment
section 66A of the IT Act, stating it Section 118A of the Kerala Police Act and a victory for free speech and civil
violated the freedom of speech and and Section 45A of the Information liberties in India.
expression guaranteed by the Technology Act were also struck
Constitution. down.
Role of Social Media in Shaping the Issue
A Tool for Mobilisation Bringing International Attention
Social media platforms like Twitter and Facebook were The case attracted global media attention and
used by activists to build public support for the highlighted the need for protecting freedom of
campaign against section 66A. expression online.

A Forum for Debate Challenges and Criticisms


Social media helped generate public opinion and Some critics have argued that social media can be
shaped the discourse on the issue. polarising and destructive for democracy, and that it
can lead to censorship and surveillance.
Implications for Freedom of Speech in India

1 Positive Developments
The verdict reinforced the importance of constitutional rights and established the principle that free speech
cannot be curbed arbitrarily.

2 Remaining Challenges
Despite the verdict, the government has continued to enact laws that curb free speech, and the media
continues to face legal challenges and repression.

3 Need for Further Reform


The verdict should be seen as a starting point for more robust protections of freedom of speech and
expression in India.
Public Reaction and Aftermath

Public Reaction Aftermath The Way Forward


The verdict was lauded by civil society The verdict set a new norm for The verdict should be seen as a wake-
groups, journalists, and activists as a protecting freedom of speech and up call for all citizens to defend their
win for free speech and a blow to expression, and also sparked a debate right to freedom of speech and hold
authoritarian tendencies in Indian on the wider issues of freedom of the those in power accountable.
democracy. press, online privacy, and surveillance.
Conclusion and Future Implications
The Importance of Free The Need for Stronger The Role of Civil Society
Speech Protections Civil society groups and citizens
Free speech is a cornerstone of The verdict is only the beginning of must remain vigilant and active in
democracy and should be a longer journey towards defending their right to free speech
protected at all costs. establishing stronger safeguards and expression, and in holding
for free speech in India. elected officials accountable.

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