Constitutional complaint of Mr. K- Federal Constitutional Court [1 BvR 479/20]-07/07/2020

The Basic Law does not recognize any general anti-National Socialist basic principle that would allow a ban on the dissemination of right-wing extremist or even National Socialist ideas with regard to the intellectual impact of their content. Rather, the general requirements for encroaching on freedom of expression apply here.

Freedom of speech, practicing profession or trade or occupation through internet are protected U/A 19(1)(a) and 19(1)(g)-SC

The restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality.An order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017. Suspension can be utilized for temporary duration only.

Whether there is any law empowering State or its officials to prohibit or to impose a prior restraint upon press-media

There is no law empowering the State or its officials to prohibit, or to impose a prior restraint upon the press/media. The right to privacy as an independent and distinctive concept originated in the field of Tort law, under which…