It is creditable that SC has attempted to balance intermediary liability with freedom of expression in Shreya Singhal case, but new procedural safeguards are required.
The jubilation with which the Shreya Singhal case has been greeted is justified on several counts, most of them to do with free speech jurisprudence and the criminalisation of speech through clumsily drafted laws like the infamous Section 66A of the Information Technology Act. On the other hand, the Supreme Court’s conclusions about intermediary liability have been greeted with mixed feelings. While the court has read down parts of the law to ensure that non-governmental parties cannot easily remove online content by force, it has left the process followed by the government to block content largely untouched, with only a few statements that might force a little improvement in the system.
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