Balance Liberty With Liability In Digital Age: Justice Maheshwari

Delivering the keynote address at the CR Academy of Andhra Pradesh on the theme “Between Liberty and Liability: Navigating Free Speech and Regulation in the Age of Social Media”, Justice Maheshwari observed that the current generation was the first where every smartphone user could function as a publisher and broadcaster.

He said while Article 19(1)(a) of the Constitution guarantees freedom of speech, Article 19(2) permits reasonable restrictions in the interests of sovereignty, public order and morality. Citing landmark judgments, including the striking down of Section 66A of the IT Act, he reiterated that the law distinguishes between discussion, advocacy and incitement.

The judge cautioned that while social media had empowered citizen journalism and public scrutiny, it had also contributed to misinformation, hate speech and mob behaviour. He noted that algorithm-driven platforms often amplified outrage, raising concerns about their role as neutral intermediaries.

Justice Maheshwari said courts act as constitutional guardians applying proportionality, but cannot function as censors. He called for greater algorithmic transparency, safety-by-design measures and an independent regulatory framework, and urged students and journalists to prioritise verification over virality.

The event was attended by CR Academy chairperson Alapati Suresh Kumar, AP Women Commission chairperson Dr Rayapati Sailaja, IG (EAGLE) Ake Ravi Krishna, advocate P. Ravi Teja and others.