[LIVE] Justice Sanjay Kishan Kaul is Delivering a Lecture on on "Freedom of Speech in times of COVID-19 - Fake News and Misinformation"

Justice Sanjay Kishan Kaul begins speaking.

Freedom of speech is something that our Constitution-makers valued greatly. It is a valued aspect of any democratic polity.

Kaul J. :
"I want to segregate freedom of speech basis pre-covid
era and now. We are increasingly becoming intolerant of other people's opinion. We have to understand and appreciate another's point of view, without agreeing with it."

Kaul J. :

Tolerance levels in India is going down across sections.

A section who calls another intolerant often becomes intolerant themselves.

Terms such as "Modi-Bhakt" and "Urban-Naxal" being used to label people.

Kaul J. says that our Constitution-makers perhaps never envisaged the propensity of fake-news.

I never imagined the disruptions fake news could have caused by the new-age media.

There seems to be a competition between newspapers and media.

Kaul J. :
Sometimes one [Media and Newspaper] is more virulent than another.

No responsibility of dissemination and taken into account while sharing news on Whatsapp etc.

Kaul J. :

Circulation of fake news does away with freedom of speech.

Restrictions on freedom of speech are reasonable within constitutional confines.

Kaul J., now speaks about the issue of fake news in terms of the covid period:
3 main actors in this -
1) There are people holding position of power (journalists, politicians, celebrities)
2) Anonymous authors (of whatsapp forwards etc.)
3) Those who forward fake news.

The object of a person forwarding a fake message is often bona-fide but without application of mind, without waiting to verify. Leads to widespread of information, even though it is incorrect or false : Kaul J.

A lot of issues surrounding fake news such as particular communities that believe that this problem will be solved on its own or whether they have in fact created the problem, whether China has spread the virus for economic damage : Kaul J.

Kaul J. :
Spread of some (fake) information may be harmless.

However, any threat to public health and disorder creates issues.

Refers to lynchings that may erupt due to the widespread of fake news.

"In response to Covid19, the spread of false information in itself a Virus which has long drawn consequences. This [fake news] is far more dangerous than Coronavirus itself"

- Justice S.K. Kaul

Justice Kaul speaks about some suggestions to deal with False information:

Very important to remove disinformation.

Automatic uploading without application of mind creates problems, important to guide people about this.

"It is said that the Pen is mightier than the sword. Today, the pen is replaced by the keyboard. Today, anybody or everybody can come on platforms and express without credibility. Earlier, there were confines of expertise."

- Justice Kaul

Justice Kaul refers to an incident when a Harvard Alumni was asked to leave the alumni group because she wasn't subscribing to their opinions.

Journalists have a badge, their platforms have editors and teams responsible for whatever they publish. Writing is their bread and butter.
There are some others who use social media to maybe not propagate their views, but to express, without checks or balances.

- Justice Kaul

People are now spending a lot of time on their phones.
This might create more issues.

In this bargain, everything and anything can be disseminated.

- Justice Kaul

Trolling on social media a concern.

Obscenity is a concern - take for example the bois locker room incident - the way it unfolded, its ramifications - unfortunately a boy took his life.

Now people want "instant justice". This leads to "herd-mentality"

- Justice Kaul

This demand of "instant justice" is problem.

Instant justice can do a lot of injustice.

When you endeavour to do this, Please remember that you can also be at the receiving end of this.

- Justice Kaul

Hate-speech another concern.

Calling out the Government for every measure taken is being done.

Important to verify what you send.

Better to count to 10 times before you respond to something.

- Justice Kaul

We have become intolerant and get provoked easily. On religion, social thinking etc.

Rush to the Court for this, movies etc.

Why have we become so intolerant?

- Justice Kaul

I am confident all of us will emerge stronger.

The realisation of the magnitude of this pandemic is an example of how the human race must learn to live with other beings and this earth.

this is a Protest by nature.

Unless the human race learns from this experience.

- Kaul J.

.... we will face more problems.

Thank you very much for your time.

- Justice Kaul

Question posed to Justice Kaul:

What is your opinion on maintaining the balance of freedom of speech and prevention of dissemination of false information?

Some greater regulation becomes necessary. More thinking and responsible citizens should help in this process.

When thinking and educated people don't apply their mind and go to extremes, the problems arise.

- Kaul J.

Q. Thin line between criticism of Government and sedition. How to designate these into proper confines so that there is no blurring of lines, especially during the pandemic?

Kaul J. answers -
Criticism to policies not sedition.

Thin line starts when concerted group gets into a campaign to spread disinformation.

I think we are facing very difficult challenges.

A calls B tolerant.
Truth is - B equally intolerant.

Q. Is Article 19 being a blockade on the government to prevent misinformation?

Justice Kaul -
Article 19 too valuable.
When this article was drawn, the present challenges not there of course.
I would prefer self-regulation of platforms, instead of Govt. regulations.

Vote of Thanks.

Justice Kaul thanks the organisers of Webinars, says thanks for allowing him to speak on issues that may have troubled him, straight from the heart.