The term ‘freedom’ means absence from control. In the context of Article 19, it means the absence of control by the State. Articles 19(1)(a) to (g) guarantee certain freedoms to the citizens of the country. These freedoms are subject to restrictions contained in Articles 19(2) to (6). Originally Article 19 guaranteed seven freedoms. Article 19(1)(f) pertaining to the right to hold and acquire property was deleted by the 44th Constitutional Amendment, 1978. These freedoms are essential to promote the basic rights of the citizens as well as democratic values. 

It means that there are many more rights that are related to the express rights specified in Article 19, but they are not addressed in the Article. Article 19 rights are fundamental rights that have been recognized as natural rights and inherent in citizenship (Dharam Dutt v. Union of India, (2004) 1 SCC 712). These liberties are not absolute; the state may limit, curtail, or regulate them to some extent for the reasons indicated in Articles 19(2) to (6).

Reasonableness:

In State of Madras v. V.G. Row, AIR 1952 SC 196, the Supreme Court stated that the reasonableness test should be applied to each particular statute on a case-by-case basis, and that there cannot be a norm or a general pattern of reasonableness. However, the Supreme Court has ruled in a number of cases that when determining reasonable restrictions, courts must evaluate criteria such as the duration and scope of the restriction, the circumstances and manner in which they are approved, the nature of the right infringed, and the aim of the restriction.

The burden to prove that restrictions are reasonable lies on the State. In Om Kumar v. Union of India, AIR 2000 Supreme Court held that the courts are entitled to consider the proportionality of restrictions. It means that restrictions should not be arbitrary or beyond what is required for achieving the object. Legislation that arbitrarily or excessively invades the fundamental rights cannot be said to be reasonable. Further, the restriction must have a direct or proximate nexus with the object which the legislation seeks to achieve. Supreme Court in State of Bombay v. Balsara, AIR 1951 SC 318 held that Directive Principles of State Policy is a relevant factor in considering whether the restriction on a fundamental right is reasonable or not. A restriction that promotes Directive Principles of State Policy is generally regarded as reasonable.

Article 19 and Social Media:

Nowadays, most people use social media and the internet to exercise their right to free expression. Social media has acted as a vital link between citizens and the rest of the world since its origin and continues to do so today, allowing individuals to express themselves and engage with one another. Even United Nations sessions and other international events are reaching out to citizens through social media. Citizens’ use of social media, however, must be accompanied with basic duties as a fundamental right..

Advantages of social media

• To provide a true picture of any issues.
• To strengthen the unity and brotherhood among people.
• To make citizens think about what is right or wrong.
• To reduce stereotypical mindset.
• To express dissent against the government in a democratic country like India,
• To express thoughts through books, blogs.
• To give voice to the oppressed classes as well as women against violence and atrocities.

Disadvantages of Social Media:

• Spreading hate against religion, race, etc.
• Spreading false propaganda.
• Defamation of persons, institutions.
• Threat to internal security
• May complicate the relations with friendly nations.
• Incite violence, riots, and collective crime.

Major causes to regulate social media:

1. Restrictions on freedoms by Constitution itself:

Articles 19(2) to (6) impose restrictions on various facets of freedom mentioned in Article 19. It is important to note that the legislature cannot restrict the freedoms on any other grounds other than those mentioned in Article 19(2) to (6). But it also states that-

• The restrictions must be imposed only under the authority of law.
• Each restriction must be reasonable.
• The restriction must strictly relate to the grounds mentioned in Articles 19(2) to (6).

2. The dignity of a nation:

Citizens must be responsible for their fundamental duties also while taking benefit of fundamental rights. Fundamental Duties under Article 51A provide few duties which shall be followed by citizens while enjoying their fundamental rights, so the same applies to Article 19. While taking the privilege of freedom of speech and expression a citizen must protect the integrity, unity, and sovereignty of India. Anything expressed on social media platforms must not degrade the dignity of any society, religion, etc, or our nation.

3. Cybercrimes by use of social media:

Cybercrime is the worst result of the use of social media. Cybercrimes as now in the present days are rapidly increasing and most of the cases are related to cyberstalking, cybercrime, money fraud, outraging the modesty of women by morphing photos or videos, etc are the bad example of cybercrime.

4. Loss of moral values:

Some people do not give respect to moral values and laws while using social media platforms. Especially people having the age of 14-22 years, don’t know how and in which manner the social media platforms are useful and wrong for them. The impact of using Social media can be seen in people as it is diverting them from their moral values and respect to life.

5. Public order and foreign relations:

Sometimes social media is also responsible for disturbing public order or foreign relations, by this way sometimes users are creating havoc on International relations or public order. Mob lynching, Riots are the worst condition due to fake or wrong news or videos circulating over social media platforms.