speech they do not agree with, rather than ensuring a safe space to speak for all. Expressions of sexuality are frequently penalised irrespective of consent or intent; women’s agency rarely seems to matter here. Even copyright laws are applied in ways that disregard freedom of expression and criticism of court decisions is all too easily seen as contempt. Even where there is no threat of arrest, freedom of expression is frequently hampered through overly broad government blocks, limited protections of intermediaries and sledgehammer methods such as network shutdowns. In addition, concerns around network neutrality and surveillance can further silence many voices, including, in the latter case, through self-censorship. As the country has such a solid reputation as a democracy, this long list of challenges to freedom of expression that can be found in India may come as a surprise. A central tension that runs throughout almost all of these challenges, however, is that between public order and freedom of expression – a tension that was debated as early as during the time of India’s Constituent Assembly. It is because many lawmakers as well as government officials continue to believe that public order trumps freedom of expression wherever the two clash that restrictions can be imposed in India with relative ease – and the judiciary provides only limited relief. Only when the courts, too, start to see a need to carve out space for freedom of expression even when public order is in disorder, will stronger protections of the right to freedom of expression likely emerge. Especially in the age of the internet, hecklers should not be allowed to veto speech, if the potential of the internet to allow a voice to even the most marginalised in the country is really to bloom. 82 / Unshackling Expression

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