Can't compromise individual's privacy in digital age, says CJI

Hate speech and disinformation online can never enjoy the protection of constitutional free speech, Chief Justice of India (CJI) Dhananjaya Y Chandrachud said on Friday, adding that there could be no compromising on an individual's privacy in the digital age, regardless of their socio-economic status, in the name of access to welfare entitlements.

- Abraham Thomas

Delivering the 14th Justice VM Tarkunde Memorial Lecture in Delhi, Chandrachud also said that privately owned social media corporations donning the role of arbiters of free speech by deciding what goes on platforms can have "disastrous" effects in the absence of any accountability.

"Demonstrably, false facts are not protected by traditional free speech theories...tolerating the proliferation of fake news erodes the free and open debate that democracy intends to protect... Disinformation therefore has the power of impairing democratic discourse forever, pushing a marketplace of free ideas to the point of collapse under the immense weight of fake stories," the CJI said.

"As the world moves online, our battles to uphold civil liberty must also follow suit," he added, speaking on the topic "Upholding civil liberties in the digital age: Privacy, surveillance and free speech"

In his 50-minutes lecture, the CJI delved into the debate between disinformation or fake news and free speech.

"All liberal democracies purport to protect the right to free speech and expression. However, what remains contested is the application of this principle to concrete situations. In dealing with content moderation of online speech, courts are faced with a complex moral dilemma to balance freedom of expression and prevention of harm caused by misinformation," he said.