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Offend, Shock, or DisturbFree Speech under the Indian Constitution$
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Gautam Bhatia

Print publication date: 2016

Print ISBN-13: 9780199460878

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199460878.001.0001

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Surveillance, Net Neutrality, Shield Laws, and Copyright

Surveillance, Net Neutrality, Shield Laws, and Copyright

(p.311) Chapter Twelve Surveillance, Net Neutrality, Shield Laws, and Copyright
Offend, Shock, or Disturb

Gautam Bhatia

Oxford University Press

The final chapter of this book is tentative and exploratory. It explores issues that have recently come to the fore in India, but have not yet been analysed under the rubric of free speech law. Four issues are discussed. Bulk surveillance (which is quintessentially thought of as raising privacy concerns) impacts upon the freedom of speech, via the chilling effect. In an age where the Internet is replacing the town square and the public park as a preferred forum of speech, network neutrality and the actions of gatekeepers such as the ISPs have assumed free speech dimensions. Investigative journalism as a crucial aspect of the ‘checking value’ of free speech needs strong source protection laws. And lastly, copyright law, by vesting a monopoly of speech upon the rights-holder, ought to be examined under the rubric of free speech.

Keywords:   copyright, surveillance, net neutrality, shield laws, checking value of speech

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