TRAI and Net Neutrality: Courts must weigh public interest that have shaped this order

Within two weeks of the Federal Communications Commission’s (FCC’s) “open internet order”, a consortium of telecom and cable companies challenged it in court. The FCC, the US telecom regulator, had made the open internet order to protect network neutrality. Usually restrained in regulating internet services, it cited the overwhelming public interest from regulation.

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NJAC judgment: Why the collegium system needs to go

Increasing inflation and a lack of public trust in an incumbent government linger as elections are announced. The results are surprising, not as to the victor but the scale of the victory. Some commentators term them a clear mandate for economic recovery and reform. Standing in the path of this legislative agenda is a Supreme Court that has the power to interpret a constitution and strike down legislation. Such negation comes with several positives that include judicial checks to protect constitutional freedoms. To protect against such setbacks, a popular, recently elected political principal starts an ambitious legislative plan to appoint judges to the Supreme Court who could secure it favorable rulings.

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Porn ban: Law on obscenity is a paradox unto itself

A labyrinth is one of the many metaphors employed to describe the confusion caused due to the lack of a clear path laid out by law. A recent example is India’s law on obscenity. Last weekend, the Department of Electronics and Information Technology issued directions to internet service providers to block access to 857 websites. Most hosted pornographic content, while others were comedy sites.

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But what about Section 69A?

As your social media timeline is flooded with news of a pathbreaking verdict by the Supreme Court of India on freedom of speech, there is reason to pause. While holding that Section 66A of the Information Technology (Amendment) Act, 2008, is unconstitutional and laying down guidelines for online takedowns under the intermediary rules, the court, in Shreya Singhal vs Union of India, has upheld Section 69A and the blocking rules framed under it.

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