MECCA  CENSORSHIP RAISES CYBERLAW ISSUES

In the middle of April 2000, comes a report from Mecca,  Saudi Arabia to the effect that the government there has closed down a woman’s Internet Café on the ground that it is a threat to `morals’.  The basic ground given by the authorities for shutting down the said Cyber café is that the said café served "immoral  purposes" in the Muslim holy city. The authorities used the grounds of religion and traditions for doing the same. The said action of the authorities at Mecca, Saudi Arabia has raised numerous important issues concerning free speech in Cyberspace and its regulation.  Let us all face it that Internet is an irreversible phenomenon. Free speech of Internet has also been up held by the American Courts. The famous case of  Reno v. ACLU (No. 96-511, June 26, 1997) decided by the US Supreme Court is a point in reference. Since the right to free speech has been judicially recognized by the American Courts to be applicable to Cyberspace, the natural corollary of the same would also be that the right to access the Internet is a part of the right to free speech and since right to free speech in Cyberspace has gained judicial recognition, the right to access Internet should also be declared as a part  of the fundamental right to free speech in Cyberspace. Another argument that can be presented is that the right to provide access to Internet should also be declared as an integral part of the right to life and right to free speech and the right to live with human dignity. Internet embodies all the values of the human existence and in the changed scenario of today, where information is knowledge, the right to Internet access is fundamental to the right to existence of the human being which affords all opportunities for any individual to live a better life and not a vegetative existence.

Of course, throughout the world in different national jurisdictions, right to life and right to free speech are embodied in some way or the other in different Constitutions.  It is also recognised universally that the right to free speech is not absolute and the same is subject to reasonable restrictions. However, what these reasonable restrictions are, depends upon the peculiar national and social circumstances, cultures, societies and perspectives.

Internet has grown up in a  very rapid, unplanned manner. Today there are millions of sites  on the Internet hosted throughout the world with zillions of pages. It is also recognized that more than half of the content over the Internet is pornographic content in some form or the other, ranging from very mild to the hardest core.  Given this context of Internet and the fact that Internet doubles every 100 days, censorship over the Internet is an extremely thorny area. Various governments throughout the world have attempted to censor to Internet but with little success.  The only other alternative that governments see is to shut down Internet access like the shutting down of that woman's Cybercafe in Mecca. However, we are all are working towards a global information economy where ,sooner or later, it will become very difficult to governments to block access to Internet. Internet is a catalyst  which is enabling an information revolution today and, given its magnitude and impact, it is likely to overthrow governments and to remove all obstacles which come in the way of dissemination of information.