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Misuse of freedom of Speech & Expression on Social Media

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Yukti Rathi
Yukti Rathi is an Advocate practicing currently in Delhi, Ghaziabad and Noida.

“India is one of such paradises on earth where you can speak your heart out without the fear of someone gunning you down for that but sometimes our heart leads to hurt sentiments of others in name of freedom of speech & Expression”

What is Social Media?

Social media comprises primarily internet and mobile phone based tools for sharing and discussing information. It blends technology, telecommunications, and social interaction and provides a platform to communicate through words, pictures, films, and music. Social media includes web- based and mobile technologies used to turn communication into interactive dialogue.

What is Freedom of Speech and Expression?

 Freedom of speech and expression is broadly understood as the notion that every person has the natural right to freely express themselves through any media and frontier without outside interference, such as censorship, and without fear of reprisal, such as threats and persecutions. Freedom of expression is a complex right. This is because freedom of expression is not absolute and carries with it special duties and responsibilities therefore it may be subject to certain restrictions provided by law.

Social Media has become a vital communications tool through which individuals can exercise their right of freedom of expression and exchange information and ideas who are advocating for change, justice, equality, accountability of the powerful and respect for human rights. In such movements, the Internet and Social Media has often played a key role by enabling people to connect and exchange information instantly and by creating a sense of solidarity.

 Reasonable  Restrictions on freedom of speech & Expression

The freedom of speech and expression does not confer on the citizens the right to speak or publish without responsibility. It is not an unbraided license giving immunity for every possible use of language and prevents punishment for those who abuse this freedom. Article 19(3) of the ICCPR imposes restrictions on the following grounds: (a) For respect of the rights of reputations of others (b) For protection of national security, or public order, or public health or morals.

As per Article 19(2) of the Constitution of India, the legislature may enact laws to impose restrictions on the right to speech and expression on the following grounds: (a) Sovereignty and integrity of India (b) Security of the State (c) Friendly relations with foreign States (d) Public order (e) Decency or morality (f) Contempt of court (g) Defamation (h) Incitement to an offence.

Recent Example of how Freedom of speech & Expression is misused by Sushmita  Sinha in criminal complaint case filed by Hindu IT cell:-

Hindu IT cell (An volunteer group of concerned Hindus organized to protect Dharma through legal means) has done various cyber complaints against the wrongdoers who is deliberately hurting sentiments of  Hindus community at large. Recently Delhi based women Sushmita Sinha  said in her You Tube channel as well as Instagram page that teej festival is “MISOGYNIST AND AGAINST WOMEN”. She said on her You tube channel “Teej ko Na karein ,Tej Bane’’.

She used book of Teej as toilet paper having pictures of Lord Shiva, Goddess Parvati and Shiva Lingam which hurt sentiments of Hindu community at large clearly due to which criminal complaint was filed by complainant Ashutosh R. Gupta with his counsel Advocate Mukesh Sharma against her in the court of Chief Metropolitans magistrate , Saket Court New Delhi in which action taken report of police said that no criminal offence was found to have been committed by Sushmita Sinha. Hindu IT cell says that this is clearly misuse of power by Sushmita Sinha in name of Freedom of speech & Expression .

Arrest of Heer Khan

Now Enthusiastic volunteers and  members of Hindu IT cell like Akshit Singh , Satyam Mishra , Ashish Kumar & many other are working hard and regularly filing complaints against her in different Police stations for getting justice the same way Hindu IT cell traced Heer khan. Hindu IT cell is sincerely proceeding against her in court of law as she has misused right of freedom of speech and expression facts by ignoring reasonable restrictions connected with freedom of speech and expression.

Hindu IT cell also played major Role in arrest of Heer Khan as Sahil Khosla member of Hindu IT cell tweeted about Heer khan with video on which Dr. Sandeep Mittal , IPS asked UP police to take action. On the same tweet Lucknow commissionerate responded and next day she is arrested. Members like Sahil Khosla , Gautam Agarwal and Priyanshu Singh Rajput worked day and night for finding her address and tracked her.

Complaints were filed by Aparna nath , Pankaj shukhla , Anuj Mishra and many others from Hindu IT cell which lead to biggest victory of Hindu IT cell as she is arrested and later it was found by investigations that the Islamist You Tuber was in regular touch with two Pakistani youth and Saudi Arabia. She is under investigation of the Anti – Terrorism Squad (ATS) and the Intelligence Agency.

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