Chief Justice of India D.Y. Chandrachud has raised concerns about the challenges to free speech posed by disinformation and hate speech, particularly in the digital age. Speaking at the 14th Justice VM Tarkunde Memorial Lecture on ‘Upholding Civil Liberties in the Digital Age: Privacy, Surveillance and Free Speech’, he highlighted the significant shift in the landscape of free speech and expression.
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CJI Chandrachud noted,
“Traditionally, freedom of speech and expression was deemed to be an essential part of civil rights activism because of the fear that the government would prevent certain kinds of speech from entering the marketplace. With the advent of troll armies and organised disinformation campaigns across different social media platforms, the fear is that there is an overwhelming barrage of speech that distorts the truth.”
He pointed out the “flip side” of using privately owned platforms for dissent, activism, and free speech expression. The CJI expressed concern over the immense power wielded by corporations, which are now trusted to act as arbiters of acceptable speech – a role traditionally played by the state. He cited the use of social media for ethnic cleansing in Myanmar as an example of the disastrous effects of this power shift.
Unlike state actors, who are accountable to the Constitution and the electorate, CJI Chandrachud observed that social media platforms are relatively unregulated.
“This is another novel challenge that digital liberties activists have to find unique solutions to,”
he said.
Addressing privacy in the digital age, the CJI emphasized that it is not just about data protection but a fundamental right that must be actively championed. He discussed the diverse ways personal data becomes intertwined with daily interactions, from rural artisans to urban professionals.
However, Indian jurisprudence has continually grappled with balancing individual rights and legitimate state interests in terms of privacy and state surveillance.
“The nuanced approach taken by the courts reflects an evolving understanding of privacy as a dynamic and multifaceted right,”
he pointed out.
CJI Chandrachud also dispelled the notion that economic status and access to welfare entitlements are more important than civil and political rights for socio-economically disadvantaged communities.
“All individuals, regardless of their socio-economic status, are deeply impacted by violations of the right to privacy, autonomy, and intimacy,”
he asserted.
He further underscored the dual nature of technology as both a catalyst for progress and a source of inherent privacy risks. He highlighted concerns about surveillance analytics, web cookies, and social media data harvesting.
In the context of the COVID-19 pandemic, CJI Chandrachud recalled the spread of fake news and rumors on the internet, which, while sometimes providing comic relief, also forced a reevaluation of the limits of free speech on the internet.
This lecture by CJI Chandrachud sheds light on the evolving challenges to civil liberties in the digital era, emphasizing the need for new theories and approaches to govern free speech in an age dominated by the internet and social media.