SC - SOCIAL MEDIA FORUMS THAT PROVIDE REAL-TIME UPDATES IS AN EXTENSION OF THE FREEDOM OF SPEECH AND EXPRESSION THAT THE MEDIA POSSESSES

7th May 2021

Social media is not a cause of apprehension but a celebration of our constitutional ethos, which bolsters the integrity of the judiciary by focusing attention on its functions. The Sc bench comprising Justices DY Chandrachud and MR Shah held that real-time reporting is an extension of FREEDOM OF SPEECH, and it gives a wider range of citizens’ real-time updates. The internet has refashioned and revolutionized the means through which information is delivered.

The SC held this while rejecting the Election Commission of India's prayer of stopping social media from reporting oral remarks made by the High Court judges. The ECI reached the SC after Madras HC orally observed that the "ECI is the institution that is singularly responsible for the second wave of COVID-19” and that should be put up for murder charges.”

The ECI prayed - that of seeking a restraint on the media on reporting court proceedings. The bench held that the prayer of the EC opposes two fundamental – open court proceedings; and the right to the freedom of speech and expression. Citizens have a right to know about what occurs in the course of judicial proceedings.

Author: Papiha Ghoshal