In Defence of Long Messages — A Mock Judgement

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Word cloud with the phrase “free speech” and related terms like democracy, rights and expression
Freedom of expression — even when it takes a few extra words

In some of the groups I am part of, there is a certain ease of interaction — a sense of camaraderie where conversation flows freely and humour finds its place naturally.

In such an atmosphere, it is not unusual for members to gently poke fun at one another. On one such occasion, a few members took aim at my rather long messages. The intent, of course, was entirely light-hearted.

Among the group were a few legal minds, including a judge. In the spirit of the moment, they suggested — somewhat mischievously — that I should pass a “judgement” on the matter.

Taking up the suggestion, I responded in the only way that seemed appropriate.

What follows is that “judgement”, shared here without revealing names.

AAA v. XXX WhatsApp Group

This is a case seeking enforcement of the fundamental right to freedom of speech and expression. The petitioner challenges an arbitrary limit imposed on the length of posts in a WhatsApp group, contending that it violates Article 19(1)(a) of the Constitution of India.

JUDGEMENT

(Per: R. Mahimkar, J.)
Pronounced on: 11 January 2022

  1. The policy of limiting the length of WhatsApp messages is an unreasonable restriction. It abridges the right to freedom of speech and expression and is therefore violative of Article 19(1)(a) of the Constitution.

  2. The imposition of a word limit has a twofold adverse effect. First, it deprives members of the opportunity to read well-argued and balanced views. Second, it restricts expression, as certain thoughts — particularly nuanced or unconventional ones — require space to be articulated.

  3. No restrictions ought to be placed on members wishing to share their thoughts. On the contrary, such expression should be encouraged, subject only to the spirit of mutual respect and the light-hearted banter that characterises such groups.

  4. It must also be recognised that in a group comprising largely senior members, views are often well-formed and considered. The right to express them should not be curtailed by arbitrary limits.

  5. Patience and tolerance are essential in any shared space. Even if some members are more expansive in their expression, that too is a legitimate form of communication and cannot be restricted.

The court stands adjourned — with liberty to elaborate.

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