QMSMUN 2025

ALL INDIA POLITICAL PARTIES’ MEET

BACKGROUND GUIDE
 LETTER FROM THE EXECUTIVE BOARD

Greetings Members!

It gives us immense pleasure to welcome you to this simulation of All India

Political Parties’ Meet at QMS MUN 2025. We look forward to an
enriching and rewarding experience.

This study guide is by no means the end of research, we would very much
appreciate if the leaders are able to find new realms in the agenda and
bring it forth in the committee. Such research combined with good
argumentation and a solid representation of facts is what makes much as
possible, as fluency, diction or oratory skills have very little importance as
opposed to the content you deliver. So just research and speak and you
are bound to make a lot of sense. We are certain that we will be learning
from you immensely and we also hope that you all will have an equally
enriching experience. In case of any queries feel free to contact us. We
will try our best to answer the questions to the best of our abilities.

We look forward to an exciting and interesting committee, which should

certainly be helped by the all-pervasive nature of the issue. Hopefully we,
as members of the Executive Board, do also have a chance to gain from
being a part of this committee. Please do not hesitate to contact us
regarding any doubts that you may have.

All the Best!

Regards

Executive Board
Valid Sources

1. Government Reports (Each ministry publishes its own reports

including External Affairs Ministry)

2. PTI, PIB

3. Government Websites

4. Government run News channels i.e., RSTV, LSTV, DD News

5. Standing Committee Reports/ Commission Reports

6. RTI Proofs

7. Parliamentary Standing Committee reports

8. Questions and Answers of the parliament

Introduction

Freedom of speech and expression is defined in Article 19 (1) (a) of the

Constitution of India, which states that all citizens of India have the right
to freedom of speech and expression. The philosophy behind this article is
in the preamble to the Constitution of India. "A solemn resolution has
been made to ensure freedom of thought and expression for all citizens."
However, the exercise of this right is subject to appropriate restrictions
imposed in accordance with Article 19 (2) of the Constitution of India for
several purposes.

Why to Protect Freedom of Speech:

Speech is a medium of one’s expression. It’s a way for a human being

to express his or her thoughts. It is what segregates social animals
from others and forms the basic foundation of human society. There
are many contradictions and similarities between human rights and
constitutional rights, but the right to freedom of expression
concentrates on both areas being an important element of social and
political life. Nevertheless, the proper implementation and extent of
these rights are questioned.

Freedom of speech offers human being to express his feelings to other,

but this is not the only reason; purpose to protect the freedom of
speech. There could be more reasons to protect these essential
liberties.

There are four important justifications for freedom of speech:-

1) For the Discovery of Truth by Open Discussion:

According to it, if restrictions on speech are tolerated, society

prevents the ascertainment and publication of accurate facts and
valuable opinion. That is to say, it assists in the discovery of truth.
2) Free Speech as an aspect of Self-fulfillment and
Development:

Freedom of speech is an integral aspect of each individual’s right to

self-development and self-fulfillment. Restriction on what we are
allowed to say and write or to hear and read will hamper our
personality and its growth. It helps an individual to attain self-
fulfillment.

3) For Expressing Belief and Political Attitudes:

Freedom of speech provides opportunity to express one’s belief and

show political attitudes. It ultimately results in the welfare of the
society and state. Thus, freedom of speech provides a mechanism by
which it would be possible to establish a reasonable balance between
stability and social change.

4) For Active Participation in Democracy:

Democracy is most important feature of today’s world. Freedom of

speech is there to protect the right of all citizens to understand
political issues so that they can participate in smooth working of
democracy. That is to say, freedom of speech strengthens the
capacity of an individual in participating in decision-making.

Thus we find that protection of freedom of speech is very much

essential. Protection of freedom of speech is important for the
discovery of truth by open discussion, for self- fulfillment and
development, for expressing belief and political attitudes, and for
active participation in democracy. The present study is intended to
present the provisions of the American and Indian Constitution which
 recognize the freedom of speech and expression, the basic
fundamental rights of human being. It is also to be examined that
what is judicial trend in interpreting the freedom of speech and
expression provisions. The study also covers the comparison between
the approaches of both countries as far as freedom of speech is
concerned.

New Dimensions Of Freedom Of Speech And Expression:

● Government has No Monopoly on Electronic Media:

The Supreme Court widened the scope and extent of the right
to freedom of speech and expression and held that the
government has no monopoly on electronic media and a citizen
has under Art. 19(1)(a) a right to telecast and broadcast to the
viewers/ listeners through electronic media television and radio
any important event. The government can impose restrictions
on such a right only on grounds specified in clause (2) of Art. 19
and not on any other ground. A citizen has fundamental right to
use the best means of imparting and receiving communication
and as such have an access to telecasting for the purpose.

● Commercial Advertisements:

The court held that commercial speech (advertisement) is a

part of the freedom of speech and expression. The court
however made it clear that the government could regulate the
commercial advertisements, which are deceptive, unfair,
misleading and untruthful. Examined from another angle the
Court said that the public at large has a right to receive the
"Commercial Speech". Art. 19(1) (a) of the constitution not only
guaranteed freedom of speech and expression, it also protects
the right of an individual to listen, read, and receive the said
speech.
 ● Telephone Tapping: Invasion on Right to Privacy:

Telephone tapping violates Art. 19(1) (a) unless it comes within

grounds of restriction under Art. 19(2). Under the guidelines laid
down by the Court, the Home Secretary of the centre and state
governments can only issue an order for telephone tapping. The
order is subject to review by a higher power review committee
and the period for telephone tapping cannot exceed two
months unless approved by the review authority.

Freedom of Press:

The fundamental right of the freedom of press implicit in the right the
freedom of speech and expression, is essential for the political liberty
and proper functioning of democracy. The Indian Press Commission
says that "Democracy can thrive not only under the vigilant eye of
legislature, but also under the care and guidance of public opinion
and the press is par excellence, the vehicle through which opinion
can become articulate." Unlike the American Constitution, Art. 19(1)
(a) of the Indian Constitution does not expressly mention the liberty
of the press but it has been held that liberty of the press is included in
the freedom of speech and expression. The editor of a press for the
manager is merely exercising the right of the expression, and
therefore, no special mention is necessary of the freedom of thepress.
Freedom of press is the heart of social and political intercourse. It is
the primary duty of the courts to uphold the freedom of press and
invalidate all laws or administrative actions, which interfere with it
contrary to the constitutional mandate.

Right to Information:

The right to know, 'receive and impart information has been

recognized within the right to freedom of speech and expression. A
citizen has a fundamental right to use the best means of imparting
 and receiving information and as such to have an access to
telecasting for the purpose. The right to know has, however, not yet
extended to the extent of invalidating Section 5 of the Official Secrets
Act, 1923 which prohibits disclosure of certain official documents.
One can conclude that 'right to information is nothing but one small
limb ofright of speech and expression.

Ground of Restrictions:

Clause (2) of Article 19 contains the grounds on which restrictions on

the freedom of speech and expression can be imposed:

1) Security of State:

Under Article 19(2) reasonable restrictions can be imposed on

freedom of speech and expression in the interest of security of State.
The term "security of state" refers only to serious and aggravated
forms of public order e.g. rebellion, waging war against the State,
insurrection and not ordinary breaches of public order and public
safety, e.g. unlawful assembly, riot, affray. Thus speeches or
expression on the part of an individual, which incite to or encourage
the commission of violent crimes, such as, murder are matters, which
would undermine the security of State.

2) Friendly Relations with Foreign States:

This ground was added by the constitution (First Amendment) Act,

1951. The object behind the provision is to prohibit unrestrained
malicious propaganda against a foreign friendly state, which may
jeopardise the maintenance of good relations between India, and that
state. No similar provision is present in any other Constitution of the
world. In India, the Foreign Relations Act, (XII of 1932) provides
punishment for libel by Indian citizens against foreign dignitaries.
Interest of friendly relations with foreign States, would not justify the
suppression of fair criticism of foreign policy of the Government.
 It is to be noted that member of the commonwealth including
Pakistan is not a "foreign state" for the purposes of this Constitution.
The result is that freedom of speech and expression cannot be
restricted on the ground that the matter is adverse to Pakistan.

3) Public Order:

This ground was added by the Constitution (First Amendment) Act.

'Public order' is an expression of wide connotation and signifies "that
state of tranquillity which prevails among the members of political
society as a result of internal regulations enforced by the Government
which they have established."

Public order is something more than ordinary maintenance of law and

order. 'Public order' is synonymous with public peace, safety and
tranquility. The test for determining whether an act affects law and
order or public order is to see whether the act leads to the
disturbances of the current of life of the community so as to amount
to a disturbance of the public order or whether it affects merely an
individual being the tranquility of the society undisturbed.

Anything that disturbs public tranquility or public peace disturbs

public order. Thus communal disturbances and strikes promoted with
the sole object of causing unrest among workmen are offences
against public order. Public order thus implies absence of violence
and an orderly state of affairs in which citizens can peacefully pursue
their normal avocation of life. Public order also includes public safety.
Thus creating internal disorder or rebellion would affect public order
and public safety. But mere criticism of government does not
necessarily disturb public order. In its external aspect 'public safety'
means protection of the country from foreign aggression. Under
public order the State would be entitled to prevent propaganda for a
state of war with India.
 The words 'in the interest of public order' includes not only such
utterances as are directly intended to lead to disorder but also those
that have the tendency to lead to disorder. Thus a law punishing
utterances made with the deliberate intention to hurt the religious
feelings of any class of persons is valid because it imposes a
restriction on the right of free speech in the interest of public order
since such speech or writing has the tendency to create public
disorder even if in some case those activities may not actually lead to
a breach of peace. But there must be reasonable and proper nexus or
relationship between the restrictions and the achievements of public
order.

4) Decency or Morality: The words 'morality or decency' are words

of wide meaning. Sections 292 to 294 of the Indian Penal Code
provide instances of restrictions on the freedom of speech and
expression in the interest of decency or morality. These sections
prohibit the sale or distribution or exhibition of obscene words, etc. in
public places. No fix standard is laid down till now as to what is moral
and indecent. The standard of morality varies from time to time and
from place to place.

5) Contempt of Court: Restriction on the freedom of speech and

expression can be imposed if it exceeds the reasonable and fair limit
and amounts to contempt of court. According to the Section 2
'Contempt of court' may be either 'civil contempt' or 'criminal
contempt.'

6) Defamation:

A statement, which injures a man's reputation, amounts to

defamation. Defamation consists in exposing a man to hatred,
ridicule, or contempt. The civil law in relating to defamation is still
uncodified in India and subject to certain exceptions.

7) Incitement to an Offence:

This ground was also added by the constitution (First Amendment)

 Act, 1951. Obviously, freedom of speech and expression cannot
confer a right to incite people to commit offence. The word 'offence' is
defined as any act or omission made punishable by law for the time
being in force.

8) Sedition: As understood by English law, sedition embraces all

those practices whether by words, or writing which are calculated to
disturb the tranquility of the State and lead ignorant person to
subvert the government. It should be noted that the sedition is not
mentioned in clause (2) of Art. 19 as one of the grounds on which
restrictions on freedom of speech and expression may be imposed.

How Social Media is Regulated in India?

▪ Information Technology Act, 2000 (IT Act): It is the principal law
that by establishing a legal foundation for electronic governance and
governs all areas of electronic communication, including social media

o Section 69A of the IT Act, 2000 empowers Government to

block information from public access under specific conditions of

● interest of sovereignty and integrity of India

● defence of India

● security of the State

● friendly relations with foreign States

● public order

● for preventing incitement to the commission of any

cognizable offense relating to above.

o Section 79(1) of the IT Act, 2000 grants intermediaries (like

social media platforms) exemption from liability for third-party
information, subject to certain conditions:
 ● The intermediary's role is limited to providing access to a
communication system through which third-party information
is transmitted, hosted, or stored.

● The intermediary does not initiate or control the

transmission, recipient selection, or content modification.

o However, some controversial sections like Section 66A (dealing

with online content) were struck down by the Supreme Court due
to concerns about freedom of speech in Shreya Singhal V/s
Union of India Case.

▪ Information Technology (Intermediary Guidelines and Digital

Media Ethics Code) Rules, 2021: The IT Rules (2021) mandate
social media platforms to exercise greater diligence in content
moderation, ensuring online safety by promptly removing
inappropriate content.

o Users must be educated about privacy policies, avoiding

copyrighted material, defamatory content, or anything that
threatens national security or friendly relations.

o The 2023 Amendment to these rules states that online

intermediaries, including social media platforms like Facebook
and internet service providers like Airtel, must prevent the spread
of inaccurate information about the Indian government.

o They should also remove content flagged as false by fact-

checking units to maintain legal protection from third-party
content.

● However, the implementation of amended provisions was

recently halted by the Supreme Court.

What are the Impacts of Social Media on Different Sections of

Society?
▪ Youth and Students:
 o Pros: Access to information, educational resources, networking
opportunities, and platforms for self-expression and activism.

o Cons: Risk of cyberbullying, distraction from studies, mental

health issues due to comparison and social pressure.

● Example: Blue whale game.

▪ Women:

o Pros: Social media provides a platform for women to voice their

opinions, share experiences, and advocate for gender equality,
women's rights, and social issues.

● Example: Me Too movement

o Cons: Perpetuates unrealistic beauty ideals, leading to body

image issues, self-esteem issues, harassment leading to
cyberbullying and mental health concerns.

▪ LGBTQIA+:

o Pros: Social media empowers LGBTQIA individuals by

providing visibility, advocacy platforms, education, and
community networking.

o Cons: However, it also exposes them to cyberbullying, privacy

risks and stigmatisation.

▪ Businesses and Entrepreneurs:

o Pros: Cost-effective marketing, customer engagement, brand

promotion, and access to a global market.

o Cons: Negative feedback and public relations crises can spread

rapidly, competition from online platforms, dependence on
algorithms for visibility.

▪ Government and Politics:

o Pros: Enhanced communication with citizens, transparency,

mobilization of support for policies and campaigns.
 o Cons: Spread of misinformation, polarisation, privacy concerns,
potential for foreign interference in elections.

● Example: Cambridge Analytica Scandal.

▪ Judiciary:

o Pros: Social media can enhance transparency by providing real-

time updates on court proceedings, judgments, and legal
developments to the public.

o Cons: Risk of misinterpretation or distortion of legal

information shared on social platforms, potentially leading to
misinformation.

▪ Media and Journalism:

o Pros: Instant news dissemination, audience engagement, citizen

journalism, and diverse perspectives.

o Cons: Fake news and misinformation challenges, loss of

traditional revenue models, echo chambers affecting objectivity.

▪ Elderly and Less Tech-Savvy Individuals:

o Pros: Connectivity with family and friends, access to information

and services.

o Cons: Digital divide, susceptibility to online scams and

misinformation, privacy concerns due to lack of technical
knowledge.

What Measures can be Taken to Improve Utility and Credibility of

Social Media?
▪ Algorithmic Transparency: Requiring platforms to disclose and
explain their algorithms' functioning to mitigate biases and improve
content visibility.

o Requiring platforms to publish regular transparency reports on

content moderation, data practices, and compliance with
regulatory standards to enhance accountability.
▪ Digital Literacy Programs: Implementing comprehensive digital
literacy education to empower users in identifying and combating
misinformation and online harassment.

▪ AI Moderation Tools: Developing advanced AI tools for content

moderation to swiftly detect and remove harmful content while
protecting freedom of expression.

▪ Privacy-Enhancing Technologies: Investing in technologies such

as end-to-end encryption and data anonymisation to bolster user
privacy and security.

▪ Ethical Design Practices: Encouraging ethical design practices that

prioritise user well-being, mental health, and meaningful engagement
over maximising user attention.

▪ Rewarding Positive Content Creation: Implementing mechanisms

to incentivize users who create informative, educational, or
community-building content.

o India’s National Creators Award 2024 is a significant step in

this direction.

Concerns Over Digital Content Regulation

The Union Information and Broadcasting (I&B) Ministry stated that the
Supreme Court, multiple High Courts (HCs), MPs, and statutory bodies like
the National Commission for Women have raised concerns regarding
harmful content.

For example, the SC granted Ranveer Allahbadia protection from arrest

but strongly criticized his comments.

The ministry acknowledges increasing public demand for stricter laws

against harmful content on digital platforms, and is currently assessing
the need for amendments or a new legal framework.
Existing Legal Framework

The I&B Ministry has been reviewing statutory provisions and considering
the need for a new regulatory framework.

Existing regulations include:

The Intermediary Guidelines and Digital Media Ethics Code (IT Rules,
2021): Mandate self-regulation and content classification.

Indecent Representation of Women Act, 1986: Prohibits obscene depiction

of women.

Bhartiya Nyaya Sanhita (BNS), 2023: Contains provisions against obscene

content.

Protection of Children from Sexual Offences (POCSO) Act: Protects

children from exposure to harmful content.

Information Technology (IT) Act, 2000: Addresses publication of obscene

or pornographic material.

Recent government directives include:

The I&B Ministry has asked social media channels and OTT platforms –

To follow the Code of Ethics prescribed in the IT Rules 2021, and

Implement “access control for A-rated content” to prevent children from

consuming inappropriate material.

The OTT platforms must not transmit any prohibited content and
undertake age-based classification of content.

Government Response to Concerns Over Digital Content

Regulation
The Standing Committee on Communications and Information Technology,
led by BJP MP Nishikant Dubey, has sought clarification on necessary
amendments to existing laws.

The Ministry of Electronics and IT has been asked to assess the efficacy of
existing laws and propose amendments to the IT Act, 2000.

Challenges in Regulation

OTT platforms and social media currently lack a clear regulatory

framework.

The IT Rules, 2021, require a three-tier grievance redressal mechanism:

Level 1: Self-regulation by the platform.

Level 2: Industry-wide self-regulation.

Level 3: Government oversight.

This mechanism has been challenged in various HCs, with the Bombay
and Madras HCs staying its enforcement.

The Kerala HC has restrained coercive action over non-compliance with

(Part III of) the IT Rules 2021.

Over 15 petitions have been filed against these rules, and the SC has
transferred all cases to the Delhi HC for a consolidated hearing.

The Role of Youtube and Social Media Intermediaries

YouTube is regulated under the IT Rules but is not liable for user-
generated content unless it violates government directives.

Unlike traditional publishers, YouTube functions as a social media

intermediary and has limited accountability for content uploaded by
individual users.

New media services like OTT platforms and YouTube currently operate
without a specific regulatory framework, increasing demands for legal
amendments.
Conclusion

The debate over digital content regulation highlights the tension between
freedom of expression and the need for responsible content
dissemination.

While there have been concerns regarding content censoring for

extraneous reasons, the government is actively reviewing laws to create a
more structured and enforceable legal framework for digital platforms.

Judicial scrutiny and public discourse will play a key role in shaping the
future of digital content regulation in India.