Writing the judgment for a three-judge bench, Justice N V Ramana distinguished between the internet as a tool and freedom of expression through the medium of internet. The SC did not examine whether access to the internet is a fundamental right as the issue was not raised by petitioners. However, it held that “freedom of speech and expression through the medium of internet is an integral part of Article 19(1)(a)“, under which the constitution treats it as a fundamental right.
Crux of the Matter
As internet users in India reached 627 million in 2019, SC acknowledged how difficult it is to get out of the web of the internet.
SC added that humans might not remember but the internet does not forget and does not let humans forget either.
The bench said that in the digital world, preservation is the norm as the footprints always remain.
The reports also stated that since the internet has become fundamental to daily activities of citizens, it shall be treated as a fundamental right like the right to access of water.
The SC dealt with this issue in its judgement last week, while testing the validity of its decision to shut down internet services in J&K after August 5, when the state was stripped of its special status and divided into two Union Territories.
Curiopedia
Digital Rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. The laws of several countries recognize a right to Internet access. A number of human rights have been identified as relevant with regard to the Internet. These include freedom of expression, data protection and privacy freedom of association. More Info
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