NEW DELHI: The Supreme Court on Monday mulled framing guidelines to regulate offensive posts, observing that citizens must know the value of freedom of speech and expression and observe self-regulation.
A bench of Justices BV Nagarathna and KV Viswanathan also said that divisive tendencies on social media should be curbed and it does not mean censorship, as there should be fraternity among citizens.
The bench was considering a plea by one Wazahat Khan, who was booked in several states, including West Bengal, for his objectionable posts on X against Hindu deities.
Khan had filed a complaint against another social media influencer, Sharmistha Panoli, for allegedly making communal remarks in a video. The apex court on June 23 had granted him an interim protection from coercive action till July 14.
His counsel contended his old tweets had come back to bite him. Assam counsel said he had written, all those worshipping Kamakhya Devi were sick.
The court referred to the reasonable restrictions enshrined under Article 19 (2) of the Constitution under the freedom of speech and expression. The bench said these restrictions have been placed "rightly", and the state government can step in when there is a violation. "Nobody wants the state to step in," the court said.
"We are not talking about censorship. But in the interest of fraternity, secularism and the dignity of individuals. It is not just about this petitioner. We will have to go into this beyond the petitioner," the bench said.
Referring to the concept of content of speech in the US, the bench said, "So, freedom of expression is different, but now we are at the content."
The bench said that having an opinion is one thing, but to say that in a particular way is an abuse, and sometimes it will not come up in court in the context of hate speech.
The court extended the interim protection to Khan till the next date of hearing in about a month, and asked the counsel to assist the court in dealing with the larger issue of self-regulation of freedom of speech and expression of citizens.
Khan was arrested by Kolkata Police on June 9. He was booked in the case for offences under the BNS, including promoting enmity between different groups based on religion, race, and insulting or attempting to insult religion. An FIR was registered against him at the Golf Green Police Station in south Kolkata for allegedly promoting hate speech and hurting religious sentiments through social media posts.
He filed the plea in the Supreme Court alleging that the FIRs and complaints have been lodged against him in several states, including Assam, West Bengal, Maharashtra and Haryana, for certain old posts by him.
