Memes: A Freedom of Expression or a Violation of Article 21 – Right to Live with Dignity

A meme is typically an image or video that carries satirical content and spreads rapidly through social media platforms. It often becomes trending within a short span of time. Memes are usually created by editing segments from old political speeches or scenes from movies to convey humor, criticism, or commentary. In today’s generation, memes are often used as a source of entertainment, and many individuals even earn a livelihood by creating them. However, in exercising their right to freedom of speech and expression, users often forget that this right comes with a corresponding duty of not infringing upon the rights of others. At times, meme content crosses acceptable boundaries, resulting in the hurting of religious or personal sentiments, or even causing defamation.

Article 19(1)(a) of the Constitution of India provides us the right to freedom of free speech and expression, but this right is not absolute it is subject to reasonable restrictions provided in Article 19(2).These restrictions comprise refraining from expressing in a way that is derogatory or harmful to India’s integrity, sovereignty, relations with foreign states, decency, moral values, public order, etc.

Memes are not only used as a source of entertainment it is also used to convey hate speech based on religion, race, color or sex. For example, certain memes mock women by highlighting incidents where an accident occurs and the driver happens to be a woman. The meme often simply uses the word “Women” followed by laughing emojis or sarcastic commentary, implying that women are inherently bad drivers or a source of trouble. Such content reinforces harmful gender stereotypes and contributes to a culture of casual sexism under the guise of humor.

Another concerning example is the circulation of sarcastic memes whenever a Muslim individual is involved in a criminal incident. These memes often mockingly refer to them as the “peaceful community,” thereby targeting the entire Muslim community rather than focusing on the individual. Such content not only spreads misinformation but also promotes hate speech and communal bias, which can lead to social division and stigmatization.

A recent report titled Experiences of Muslims in India on Digital Platforms with Anti-Muslim Hate revealed that over 60% of surveyed participants had encountered digital content that incited violence against Muslims. The report is based on in-depth interviews with members of the Muslim community and 213 hours of online observation conducted between November and December 2021. It highlights how certain digital infrastructures, especially those linked with Hindutva ideologies have been systematically used to spread disinformation and amplify hate speech, creating a hostile online environment for the community.

A recent case from 2025 highlights the misuse of satire in a sarcastic and derogatory way. Sharmishtha Panoli, a law student and social media influencer, posted a video that included offensive remarks about Prophet Muhammad (PBUH). The content sarcastically targeted Muslim Bollywood actors for their silence on socio-political matters, implying complicity. The video, widely shared online, drew strong criticism. The Bar Council of India also criticised her conduct, raising concerns over the ethical responsibility of future legal professionals.

Another case is from 2022, Tuhin Mondal, who circulated defamatory and abusive memes which could lead to riots. He had edited Mamta Banerjee’s speech and circulated it, but the YouTuber was arrested under sections 153,500 and 504 of IPC. However, later he was granted bail.

The cases of Sulli Deals and Bulli Bai are heart breaking reminders of how digital platforms can be twisted into instruments of hate. These apps didn’t sell anything, they sold humiliation. They mocked and degraded Muslim women by uploading their photos without consent, presenting them as “deals of the day". The women targeted weren’t just random individuals—they were pilots, journalists, researchers, and artists. A commercial pilot, whose image was uploaded, said that she felt chills down her spine when she first saw the app. Imagine being reduced to a joke simply for existing as a vocal Muslim woman. That’s not satire. That’s hate dressed in sarcasm.

It doesn’t end here, there are countless cases where individuals who post derogatory content online are granted bail, despite the severity of their actions. Women are often the prime targets of such attacks. The stereotypes created through memes such as mocking women with phrases like “women, hahaha” leave a lasting impact. Even a nine-year-old boy reading such messages, is learning to believe that women are inherently incapable or inferior. Personally, I have encountered deeply offensive memes, many of which I have reported on social media. One particularly disturbing example involves memes that shame women for their sexuality. If a woman loses her virginity, she is vilified, and her body is compared to a tunnel through which multiple trains pass. Such content is not only degrading but also deeply harmful; it fosters a culture of shame and objectification. Children who access social media are not immune to these messages. These memes subtly (and sometimes overtly) teach young minds to view women as objects rather than individuals deserving of respect. The psychological and social consequences are far-reaching, reinforcing misogyny and making online spaces unsafe for women and girls

While freedom of speech and satire are constitutionally protected, these rights must be exercised responsibly. Satire that promotes hate or incites public disorder no longer enjoys protection under Article 19(1)(a) and instead attracts reasonable restrictions under Article 19(2).

Syeda Yusra, the guest author, is pursuing Law from Jamia Millia Islamia

Edited by: Sharmeen Shah

Disclaimer: The views expressed are those of the author, and do not necessarily represent those of TJR.