SC affirmed fundamental rights of free expression, holding that ...

Free Speech Prevails: Online Platforms Protected from Censorship Under Constitutional Right to Expression and Information

May 22, 2025

Case Laws     Indian Laws     SC

SC affirmed fundamental rights of free expression, holding that courts must protect Article 19(1)(a) constitutional guarantees. The HC's directive to remove online content was deemed unwarranted and disproportionate. The Court emphasized that hosting critical commentary or secondary source materials does not constitute interference with judicial proceedings, absent demonstrable substantial risk of prejudicing trial or justice administration. The judicial approach underscored the principle of open justice, recognizing public's right to access and discuss legal matters. The intermediary's technical platform hosting such content was not prima facie liable for third-party information. Appeal was consequently allowed, reaffirming robust protection of free speech principles.

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