Access to the Internet has changed and continues to change people’s lives all across the world. It has become one of the most important aspects of people’s life in the nineteenth century, and people’s reliance on the internet has grown substantially. Since the invention of the internet and the public’s access to it, fields such as communication, education, trade, and commerce have advanced significantly.
In the case of Faheema Shirin R.K. vs State of Kerala, the Kerala High Court has recognized the right to access the internet to be a fundamental right.
Security and liberty have always been at odds. The courts are debating whether we need more liberty or security when it comes to the freedom to access the internet. The pendulum of preference should not swing too far in either way, compromising one preference at the expense of the other. The Court must ensure that citizens have all of their rights and liberties to the fullest extent possible in any given situation while maintaining security.
The right to freedom of speech and expression is included in the Indian constitution as a basic right for all citizens. It is mentioned in the Constitution’s Article 19 (1) (a). On numerous times, the Court has broadened the scope of the right to freedom of speech and expression. For millions of Indian individuals, the internet is their primary source of information. The latest court decision declaring the right to access the internet as a basic right is in line with the United Nations suggestion that every country make Internet access a fundamental right.
The court decided in Faheema Shirin. R.K versus State of Kerala that freedom of speech and expression over the internet is an integral component of Article 19(1)(a) of the Constitution, and that any restriction on it must be reasonable and in compliance with Article 19(2) of the Constitution.
In the case of Anuradha Bhasin vs Union of India, the court further stated that the internet is a vital tool for trade and business. The Indian economy’s globalization, along with rapid improvements in information and technology, has created a plethora of new business opportunities and transformed India into a global IT hub.
There is no denying that certain industries are fully reliant on the internet. A right to trade on the internet encourages consumerism and the availability of options.
As a result, Article 19(1)(g) of the Constitution protects the freedom of trade and commerce through the internet, subject to the limitations set forth in Article 19(6).
It goes without saying that the government has the authority to limit the freedom of speech and expression granted by Article 19(1)(a) if necessary, in accordance with Article 19 (2).
The restriction on free internet access must adhere to the Proportionality Principle. The court will look to see that the legislature and administrative authority “maintain a proper balance between the adverse effects that the legislation or administrative order may have on the rights, liberties, or interests of persons, while keeping in mind the purpose that they were intended to serve,” according to the principle.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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