SC moots guidelines for freedom of speech, expression

New Delhi: The Supreme Court on Tuesday said Article 19 deals with freedom of speech and expression and cannot overpower Article 21 of the Constitution, which provides the right to life and liberty.

A bench of Justices Surya Kant and Joymalya Bagchi asked Attorney General R Venkataramani, appearing for the Centre, to prepare social media guidelines while balancing the freedom of speech and expression and the rights and duties of the others.

The court said the freedom of one person should not violate the rights of others, observing that the enforceability of the guidelines was the most difficult part.

"There are many free advisors in the market. Ignore them. The guidelines should be in conformity with constitutional principles balancing freedom and the rights and duties of a person. Then we will examine it. We will have open debate on such guidelines. Let all members of the bar and stakeholders including the so-called stakeholders also come and give their viewpoints," the bench said.

The bench also emphasised the right to dignity also emanates from the right which someone else is claiming.

"Article 19 of the Constitution can't overpower Article 21. Suppose a race takes place between Article 19 and 21, Article 21 has to trump Article 19," the bench said.

Venkataramani sought time to assist the court on the issue and said the enforceability of guidelines would require a detailed consideration.

The court was dealing with a case in which five social media influencers, including India's Got Latent host Samay Raina, accused of ridiculing persons suffering from disabilities, appeared before it.

The bench asked to file their replies within two weeks in a petition filed by NGO, M/s Cure SMA Foundation.

With regard to guidelines, the bench told the counsel, "What we are doing is for posterity. You have to ensure that not a single word is misused by anyone. You have to ensure balance. We have to protect citizens' rights. A framework must be there that the dignity of anyone is not violated."

On May 5, the Supreme Court issued summons against comedians Raina and four others --Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar aka Sonali Aditya Desai and Nishant J Tanwar -- seeking explanation for their alleged insensitive remarks against persons with disability.