The internet is a digital space that can be accessed by anyone and that is filled with a lot of human expressions. As lawyers, we are aware that we have freedom of speech as a fundamental right guaranteed under Article 19 of the Indian Constitution which is the basis of a strong democracy. However, since everything is digital and public, it creates a dilemma about maintaining a balance between freedom of speech, spreading false information and hateful speech online. This article looks into the balance between protecting free expression and mitigating the harms connected with online threats.
The internet and social media changed how we share information. Social media connects people all over the world and allows anyone to share their ideas online, creating lively communities and letting people from all over the world know what you are thinking. But there’s a problem: without rules or legal repercussions, the internet can spread false information and hate speech.
Misinformation, whether unintentional or deliberate can spread false or misleading information and can have a negative effect. It can break public trust in institutions, impact elections, and undermine public health efforts by creating false or very harsh beauty standards. It’s hard to stop false information because it spreads quickly online. The anonymity of the internet further complicates the problem, making it difficult to hold perpetrators accountable. Lawyers are trying different ways to fight false information, like supporting groups that encourage factchecking and pushing social media to use algorithms that hide false or biased posts. However, these efforts highlight the need for a complex and well-defined approach that balances free speech with the protection of a healthy public discourse.
Hate speech is really harmful talk that aims to hurt people or groups because of things like their race, religion, or who they love. It can make people fight and split communities apart, hurting the dignity of those targeted and making society less united. Even though freedom of speech is important, it doesn’t mean you can say whatever you want. It is fundamental but it is not absolute. There are rules against speech that encourages violence or discrimination. Lots of countries made laws to stop hate speech, whether it’s online or in person. But, making sure these laws work online is hard. The internet doesn’t have borders, so hateful stuff can come from anywhere and spread everywhere. Plus, it’s tricky to decide what’s okay to say and what’s hate speech. Who gets to decide? And how do we make sure everyone’s rights are respected?
Getting the balance right is tricky. We need to make laws carefully, like using a precision tool instead of a big hammer. We have to find the right mix of letting people speak freely and stopping harm, knowing that how we talk online is always changing and lots of different people are involved.
Learning and knowing how to tell what’s true from what’s not is really important to stop lies and hurtful talk online. We need to teach people to think carefully about what they see online and spot things that could cause harm. Lawyers can help by supporting programs that teach people how to be smart online citizens.
Working together is super important too. Governments, tech companies, groups in society, and everyone involved need to team up to make good rules and ways to deal with bad stuff online. Tech companies can use their smarts to make tools that check content and show how their algorithms work.
In today’s world, free speech faces a tricky test. Technology lets us share more, but it also spreads bad stuff. We need to find the right mix to keep talking openly while stopping harmful things online. Lawyers, who understand both law and tech, can help figure this out. We want the internet to stay a lively place where everyone can speak up, without lies or hate getting in the way.
Author: Tisha Sharma, Student, BML Munjal University
