The controversy over the government’s alleged desire to censor Facebook, Twitter and other leading lights of the social media has obscured some genuine and urgent questions we need to address about free speech in our society.
The problem arose when the New York Times reported on Monday that our telecommunication minister, Kapil Sibal, had called in senior social media executives from Facebook, Microsoft, Google and Yahoo and allegedly asked them to “prescreen user content from India and to remove disparaging, inflammatory or defamatory content before it goes online”.

Such a request inevitably sparked off a firestorm of Internet protest against the minister, without waiting to hear his side of the story. Facebook pages sprang up to denounce him; web-boards overflowed with nasty comments against the minister, the ruling party and the government, suggesting they were trying to protect a political leader; and the hashtag “#IdiotKapilSibal” started “trending” on Twitter. All a bit over the top.
As a frequent recipient of disparaging, inflammatory or defamatory content myself, I’m no great fan of unpleasantness on any media, social or otherwise, but I’m strongly opposed to censorship. Freedom of speech is fundamental to any democracy, and many of the most valuable developments in India would not have been possible without it. Freedom of speech is the mortar that binds the bricks of our democracy together, and it’s also the open window embedded in those bricks. Free speech keeps our government accountable, and helps political leaders know what people are thinking. Censorship is a disservice to both rulers and ruled.
But — and free speech advocates hate that “but”! — every society recognises some sensible restraints on how free speech is exercised. Those restraints almost always relate to the collectivity; they arise when the freedom of the individual to say what he wants causes more harm to more people in society than restricting his freedom would. Justice Oliver Wendell Holmes, in the US, put it memorably when he said that freedom of speech does not extend to the right to shout “fire!” in a crowded theatre. (After all, that could cause a stampede, in which people could get trampled upon, injured and even killed, and the theatre’s property destroyed — all consequences that outweigh the individual’s right to say what he likes.)
Since societies vary in their cultural and political traditions, the boundaries vary from place to place. Free speech absolutists tend to say that freedom is a universal right that must not be abridged in the name of culture. But in practice such abridgement often takes place, if not by law then by convention. No American editor would allow the “n” word to be used to describe black Americans, not because it’s against the law, but because it would cause such offence as to be unacceptable to use. Just as the commonplace practice of women taking off their bikini tops at St Tropez, Copacabana or Bondi Beach could not be replicated on the beaches of Goa, Dubai or Karachi without risking assault or arrest, so also things might be said in the former set of places that would not pass muster in the latter. It’s no use pretending such differences (of culture, politics and sensitivity) don’t exist. They do, and they’re the reason why free speech in, say, Sweden isn’t the same as free speech in Singapore.
The problem is particularly acute on social media, because it’s a public forum for the expression of private thoughts. The fact is that social media’s biggest asset is also its biggest problem. Its strength is that social media enables ordinary people (not just trained journalists) to share vivid, real-time unfiltered images and text reports before any other source, including governments or traditional media, can do so. Even more, any individual with the basic literacy needed to operate a keyboard can express his or her opinion, create information, whether video or text, and communicate it immediately, without the delays necessarily wrought by editorial controls, cross-checking or even the synthesising that occurs in a “mainstream” media newsroom.
That gives social media an advantage over regular media as a disseminator of public opinion. If you wanted to express your views in, say, this newspaper, you would have to write something well enough to pass editorial muster; your facts and opinions would be checked, vetted and challenged; your prose might be cut for space reasons (or mere editorial whim); and you might have to wait days, if not weeks, to see your words in print. None of that applies to social media. You can write all you want, as you want, in the words you want, on a blog or a Facebook page, put it up with a Twitter link, click a mouse and instantly watch it all go viral. It’s a 21st century freedom that no democratic political leader would wish to confront.
And yet this very freedom is its own biggest threat. It means anyone can say literally anything and, inevitably, many do. Lies, distortions and calumny go into cyberspace unchallenged; hatred, pornography and slander are routinely aired. There is no fact-checking, no institutional reputation for reliability to defend. The anonymity permitted by social media encourages even more irresponsibility: people hidden behind pseudonyms feel free to hurl abuses they would never dare to utter to the recipients’ faces. The borderline between legitimate creative expression and “disparaging, inflammatory or defamatory content” becomes more difficult to draw.
Mr Sibal’s main concern was not with politics, but with scurrilous material about certain religions that could have incited retaliatory violence by their adherents. People say or depict things on social media that might be bad enough in their living rooms, but are positively dangerous in a public space. The challenge of regulating social media is that the person writing or drawing such things does so in the privacy of his home but releases them into the global commons. My own yardstick is very clear: I reject censorship. Art, literature and political opinion are to me sacrosanct. But publishing or circulating inflammatory material to incite communal feelings is akin to dropping a lighted match at a petrol pump. No society can afford to tolerate it, and no responsible government of India would allow it.
That position has got me almost as much hate mail on the Internet as poor Mr Sibal. But I’d rather stub out that match than close down the petrol pump.

The writer is a MP from Kerala’s Thiruvananthapuram constituency