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rights enshrined therein have taken a different role and purpose. The framers of the Indian Constitution were aware of the situation of India, including the socio-­economic costs of such proactive duty, and thereafter took an informed decision to restrict the application of fundamental rights in a negative manner. This crucial formulation is required to be respected by this Court, which has to uphold the constitutional morality behind utilization of such negative prescriptions.

22. Now, we need to concern ourselves about the freedom of expression over the medium of internet. There is no gainsaying that in today's world the internet stands as the most utilized and accessible medium for exchange of information. The revolution within the cyberspace has been phenomenal in the past decade, wherein the limitation of storage space and accessibility of print medium has been remedied by the usage of internet.

23. At this point it is important to note the argument of Mr. Vinton G. Cerf, one of the 'fathers of the internet'. He argued that while the internet is very important, however, it cannot be elevated to the status of a human right.[1] Technology, in his view, is an enabler of rights and not a right in and of itself. He distinguishes


  1. Vinton G. Cerf, Internet Access is not a Human Right, The New York Times (January 04, 2012).

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