creation of offences which are applied to free speech over the
internet alone as opposed to other mediums of communication.
Thus, an Article 14 challenge has been repelled by us on this
ground later in this judgment. But we do not find anything in the
features outlined by the learned Additional Solicitor General to
relax the Court’s scrutiny of the curbing of the content of free
speech over the internet. While it may be possible to narrowly
draw a Section creating a new offence, such as Section 69A for
instance, relatable only to speech over the internet, yet the
validity of such a law will have to be tested on the touchstone of
the tests already indicated above.
29.
In fact, this aspect was considered in Secretary Ministry
of Information & Broadcasting, Government of India v.
Cricket Association of Bengal, (1995) 2 SCC 161 in para 37,
where the following question was posed:
“The next question which is required to be
answered is whether there is any distinction
between the freedom of the print media and that of
the electronic media such as radio and television,
and if so, whether it necessitates more restrictions
on the latter media.”
32