Free speech on social media comes with responsibility, says Supreme Court judge

Supreme Court judge Justice JK Maheshwari said freedom of speech and expression carries responsibility and what is freedom for one person can become liability if it causes harm to others.

Addressing students at a seminar on misuse of social media and the need to strike a balance between freedom of expression and regulation, organized by AP CR Media Academy and Swetcha Freedom Foundation in Vijayawada on Saturday, Justice Maheshwari, former Chief Justice of AP High Court, said navigating the gap between freedom and responsibility is not just the duty of judges and legislators but a shared civil responsibility.

He emphasized the need for introspection while exercising freedom on digital platforms. Explaining this point, he said that if a user posts a harmful video, the user will be responsible. However, if a platform’s algorithm detects that content keeps users angry and engaged and pushes it to a million more streams to maximize ad revenue, the issue of moral and legal liability becomes more complicated.

Justice Maheshwari observed that social media platform owners often prioritize commercial interests over potential harm, making it imperative for individuals to act responsibly when using such platforms.

Citing the Supreme Court decisions in Anuradha Bhasin v. Union of India 2020 and Shreya Singhal v. Union of India 2015, he said there is a clear distinction between offensive speech, harmful speech and unlawful speech. He noted that the law does not come into play just because someone is offended, but rather when speech constitutes provocation or violates legal boundaries.

Inspector General of Police EAGLE, AP Ake Ravikrishna underlined that debates, satire, reporting and dissent are vital for democracy and must be protected. But he said the Constitution does not protect abuse, hate speech or calls for violence.

He warned that blocking online content entirely could be counterproductive but undermine the purpose for which uncontrolled social media platforms were created. He added that a victim-centered response is necessary to effectively address cases of online abuse.

AP Women’s Commission Chairman Rayapati Sailaja reminded of examples where Amaravati women were targeted on digital platforms. She said the government is contemplating a ban on social media access for children below 16 years, clarifying that the objective is not to curb expression but to prevent exploitation.

AP Press Academy President Alapati Suresh Kumar told the students that social media platforms, which significantly shape opinions and lifestyles, operate primarily for profit rather than public welfare.