Introduction
During the Justice T.S. Krishnamoorthy Iyer Memorial Oration held at the Kerala High Court, Justice K.V. Viswanathan, a Supreme Court Judge, addressed the alarming rise of disinformation and its profound impact on the rule of law. He highlighted how disinformation has become one of the most severe global risks, as identified by the World Economic Forum.
The Threat of Disinformation
Justice Viswanathan underscored the dual nature of digital media, which, despite its benefits, has facilitated the rapid spread of disinformation. This phenomenon, often referred to as "truth decay," undermines public discourse and polarizes society. Disinformation is disseminated swiftly and widely, forming opinions and inciting actions without verification, leading to a significant erosion of trust in information sources.
Legal Challenges of Regulating Disinformation
A key concern raised by Justice Viswanathan is the challenge of regulating disinformation without infringing on the right to free speech. Article 19 of the Indian Constitution guarantees free speech, but reasonable restrictions are necessary to curb the spread of harmful falsehoods. The judge pointed out that existing laws against hate speech, incitement to violence, and defamation need to be extended to address disinformation effectively. However, this extension is controversial and difficult to enforce uniformly due to the subjective nature of what constitutes disinformation.
International Approaches
Justice Viswanathan referred to international models for tackling disinformation, citing Germany's self-regulation approach and Singapore's Protection from Online Falsehoods and Manipulation Act. These frameworks emphasize the need for corrective information to be published alongside false information, promoting a principle that the answer to free speech is more speech.
Impact on the Rule of Law
The pervasive spread of disinformation has serious implications for the rule of law. Justice Viswanathan noted that disinformation creates a "trust deficit" where people become skeptical of all information, impairing normal conversations and societal trust. In the digital age, discerning fact from fiction has become increasingly challenging, posing a threat to informed decision-making and democratic values.
Emerging Legal Areas: Climate Change and AI
Apart from disinformation, Justice Viswanathan addressed other emerging areas impacting the legal system, such as climate change and artificial intelligence (AI). Climate change litigation is on the rise globally, with courts imposing duties to mitigate environmental damage. The judge highlighted that climate change disproportionately affects vulnerable and poor communities, necessitating a robust legal framework to address these impacts.
On AI, Justice Viswanathan discussed its potential to transform the judiciary by assisting in case predictions, filtering unnecessary litigations, and aiding individuals in drafting petitions. However, he emphasized that AI must be used responsibly, with adequate legal compliances, accountability frameworks, and human oversight to ensure it complements rather than disrupts the judicial process.
Data Protection and Privacy
Justice Viswanathan also touched on the critical issues of data protection and privacy in the digital era. He mentioned the increasing litigations related to information privacy, the Right to be Forgotten, and the implications of targeted advertisements based on online data. As personal data becomes more vulnerable, there is a pressing need for stringent data protection laws to safeguard individual privacy.
Conclusion
In his concluding remarks, Justice Viswanathan called for conscious steps to address these emerging challenges. While the right to free expression remains a cornerstone of democratic values, it must be balanced against the need to combat disinformation. The judiciary, he suggested, should draw lessons from international practices and adapt them to the Indian context to effectively counter these risks. The speech highlighted the critical need for judicial awareness and proactive measures to uphold the rule of law in an era of rapid technological change and information overload.
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