07 March 2024 Human Right Law >> Civil & Consumer Law  

A recent judgement by the Supreme Court of India has protected the right to free speech in the digital age. The case involved a professor who was charged with a crime for messages posted on his WhatsApp status.

Facts:

• The Appellant, a professor, belonged to a WhatsApp group encompassing both colleagues and students. The Appellant posted two messages on his WhatsApp status:
• "August 5 - Black Day Jammu & Kashmir"
• "14th August - Happy Independence Day Pakistan"
• These messages formed the basis for a First Information Report ("FIR") lodged against the Appellant under Section 153-A of the Indian Penal Code ("IPC"), alleging the promotion of disharmony amongst various groups.

Conclusions:

• The impugned WhatsApp messages did not expressly reference religion, race, caste, or any other category protected under Section 153-A of the IPC.
• The messages constituted an expression of dissent against a governmental action and conveyed dissatisfaction with the same.
• The Appellant's right to criticize the government and engage in peaceful protest is enshrined in Article 19(1)(a) of the Indian Constitution, guaranteeing freedom of speech and expression.
• Extending greetings on the Independence Day of another nation does not constitute a criminal offense.
• Perpetuating the prosecution against the Appellant based on these messages would be tantamount to an abuse of the legal process.
• The Court's judgment grants relief by quashing the impugned FIR and subsequent proceedings.