The way people connect, express themselves and converse has been revolutionized by social media. It now plays a crucial role in our lives, affecting the way we think and act. The development of social media has benefited free expression by enabling individuals to share their thoughts and opinions on a global scale. This freedom of speech has, however, not been without its problems. The effect of social media on free expression has been a hotly debated subject in recent years. This article examines, using court rulings and academic studies, how social media affects the right to free speech. Listed below are some functions that social media performs in our lives:
Connecting people: Social media platforms allow people to connect with others who share similar interests or live in different parts of the world. It has made it easier for people to communicate with friends and family who live far away.
Sharing information: Social media has transformed the way information is shared. People can now share news, articles, and ideas with a vast audience in real-time.
Entertainment: Social media provides a wide range of entertainment options, from videos to games, and music.
Business: Social media has become a powerful marketing tool for businesses, helping them reach a wider audience and engage with customers in real-time.
Political activism: Social media has been a catalyst for social and political activism, providing a platform for people to voice their opinions and engage with others who share similar beliefs.
However, social media can also have negative effects, such as addiction, cyberbullying, and the spread of misinformation. It’s important to use social media responsibly and be mindful of its impact on our mental health and relationships.
The concept of freedom of speech and the impact of social media
Freedom of speech is a fundamental human right that is protected by the Universal Declaration of Human Rights. It allows individuals to express their views and opinions without fear of censorship or reprisals. The concept of freedom of speech is rooted in the idea that individuals should have the right to express themselves freely and that this expression should be protected by law.
Both good and negative effects of social media have been seen on the right to free speech. On the one hand, social media sites have provided people with a platform to share their ideas with the world. They have made it possible for people to interact with others who hold comparable values and opinions and to have in-depth discussions with them. Additionally, social media has been instrumental in advancing political and social movements, providing a voice to underrepresented groups, and facilitating the flow of information. On the other hand, social media has also come under fire for disseminating false information, bogus news, and hate speech. It has been applied to bully, harass, and coerce people who hold unpopular beliefs or are part of underrepresented groups. Social media platforms have also been accused of stifling free speech and censoring content, raising questions about how social media will affect democracy and civic participation. Finding a balance between defending free expression and halting the spread of harmful content on social media is thus a challenge. Governments, civic society groups, and social media companies must work together to create laws and regulations that support free speech while reducing the detrimental effects of social media on users and society at large. The advent of social media has had a significant impact on freedom of speech. Social media platforms such as Facebook, Twitter, and YouTube have given individuals a global platform to express their views and opinions. They have become the primary mode of communication for many individuals, allowing them to connect with people worldwide.
However, the impact of social media on freedom of speech is not all positive. Social media platforms have been criticized for their role in spreading hate speech, fake news, and misinformation. They have also been accused of censoring content and stifling free speech.
In India, freedom of speech is protected by Article 19(1)(a) of the Constitution of India, which guarantees the right to freedom of speech and expression to all citizens. However, this right is subject to certain restrictions under Article 19(2), which allows the state to impose reasonable restrictions on free speech in the interests of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.
In India, the interpretation of these restrictions is a frequent source of discussion and contention, with detractors claiming that the government has employed them to quell dissent and critique. In some cases, people or journalists have been harassed or arrested for expressing their views in the media or online.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is another legislation that India recently passed that has sparked concerns about its potential effects on online freedom of expression.
While India’s constitution guarantees the right to free speech, its actualization and meaning are frequently influenced by political, social, and cultural factors, and the relative importance of free speech to other rights and interests is constantly being debated.
Case Laws
There have been several cases in recent years that have highlighted the impact of social media on freedom of speech. One such case is Elonis v. United States. In this case, the Supreme Court of the United States ruled that the government cannot prosecute individuals for making statements on social media that are perceived as threatening unless they intend to carry out the threat.
Another case that has significantly impacted freedom of speech is Packingham v. North Carolina. In this case, the United States Supreme Court ruled that a North Carolina law banning registered sex offenders from using social media violated the First Amendment’s guarantee of freedom of speech.
Here are some notable case laws relating to social media and freedom of speech in India:
1. Shreya Singhal v. Union of India (2015): In this case, the Supreme Court of India struck down Section 66A of the Information Technology Act, 2000, which criminalized online speech that was considered to be “grossly offensive” or had a “menacing character.” The court held that the provision was vague, overbroad, and violated the right to freedom of speech and expression.
2. Common Cause v. Union of India (2019): The Supreme Court of India directed the government to frame guidelines to prevent the misuse of Section 66A and other provisions of the Information Technology Act, 2000, which could be used to restrict freedom of speech and expression.
3. Ratan Tata v. Rajan Pillai (1999): In this case, the Bombay High Court held that individuals have a right to privacy, which includes the right to control the publication of information about their private lives. The court also observed that the right to freedom of speech and expression is not absolute and must be balanced against other rights, including the right to privacy.
4. Nikhil Moro v. State of Maharashtra (2020): The Bombay High Court held that criticism of the government, its policies, and its functioning is an essential part of free speech and expression in a democracy. The court also observed that social media platforms cannot be held liable for third-party content posted on their platforms, except in certain limited circumstances.
5. Dhruv Rathee v. Union of India (2021): The Delhi High Court held that social media platforms have a duty to take down content that is illegal or infringes on the rights of others, including the right to privacy. The court also held that freedom of speech and expression on social media must be balanced with other rights and interests, including public order and national security.
These case laws demonstrate the complex and evolving nature of the relationship between social media and freedom of speech in India, and the need to balance competing interests and rights in the digital age.
Research Studies
Research studies have also been conducted to understand the impact of social media on freedom of speech. One such study is “The Internet, Youth Participation Policies, and the Development of Civic Engagement” by Peter Levine. This study found that social media has the potential to increase civic engagement and participation among young people, but it can also hurt the quality of civic engagement.
Another study, “The Effect of Social Media on Political Polarization in the United States” by Ethan Porter and Thomas J. Wood, found that social media can contribute to political polarization by creating “echo chambers” where individuals only hear views that align with their own.
Conclusion
In conclusion, social media significantly impacted the right to free expression. Social media platforms have given people a worldwide stage to express their ideas, but they have also come under fire for disseminating hate speech, false information, and fake news. Social media’s effect on free speech is a complicated matter that needs careful thought. Striking a balance between defending free expression and halting the spread of harmful information is crucial. The cases and research studies covered in this piece emphasize the need for more investigation and discussion of this crucial subject.
The author is a 3rd year Law student at the University of Kashmir. Feedback at [email protected]

Bashash Mahmood