Gatekeeper Liability and Article 19(1)(A) of the Constitution of India
Chinmayi Arun, Gatekeeper Liability and Article 19(1)(A) of the Constitution of India, Working paper series, Centre for Communication Governance at National Law University Delhi (May 20, 2015)
11 Pages Posted: 14 Aug 2015
Date Written: May 20, 2015
This paper argues that access to information and free flow of information need to be seen as significant parts of our freedom of expression jurisprudence. In particular, it highlights the role played by information gatekeepers in the free circulation of information.
Starting from Ranjit Udeshi v. State of Maharashtra in which the strict liability of gatekeepers was used to restrict the circulation of obscene material, up to the current system for government-ordered blocking of content by internet intermediaries in India, information gatekeepers are used to control information.
Our freedom of expression norms need to take this into account in addition to their focus on the rights of primary speakers, since information gatekeepers gatekeepers can be used to censor speech in an opaque fashion that leaves little room for accountability.
Keywords: gatekeepers, information gatekeepers, freedom of expression, intermediary liability, online intermediaries, freedom of speech, information policy, ranjit udeshi, constitutional law, Article 19
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