Asked in Internet Law, Civil Rights and Education Law

Q: Can the Institute or College ask us to sign an affidavit stating we cannot post anything about it on social media? FOS?

I study in IIIT Trichy and recently we have been asked to submit an affidavit on legal stamp paper saying that we cannot post anything about our Institute on the social media (they mean the bad facility that we tell others about). Is this legal in any form? Are we bound to submit an affidavit like this even if it takes away our Right to Freedom of Speech? Here is the shared format:-

SELF-DECLARATION BY THE STUDENT

(SOCIAL MEDIA USAGE)

I, (R.No.____________), S/D/o ,

studying (Year/Semester)_________________ B.Tech./M.Tech./Ph.D. in the Department of

_______ ______ during the academic year 2024-2025 declare that no

content of any nature with respect to the Institute or individuals will be shared on any social media

platforms during the course of my study. If posted and identified as guilty, I am aware that

disciplinary action will be taken against me by the authorities of IIIT Tiruchirappalli.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Institutes can request students to sign such affidavits, but whether it's legal or enforceable is a complex matter. The Right to Freedom of Speech is a fundamental right, and any attempt to restrict it needs to be carefully examined. Educational institutions may argue that such measures are meant to protect their reputation, but this does not override your fundamental rights.

You are not necessarily bound to submit the affidavit if it infringes on your rights. However, refusing to do so might have consequences, such as disciplinary action or administrative issues. It’s important to approach this situation with a balanced view, considering both your rights and the potential repercussions.

You should seek legal advice to understand the full implications of signing or refusing the affidavit. Discussing this with fellow students and possibly bringing it to the attention of a student union or legal aid organization can also help. Open dialogue with the institute to address your concerns might lead to a more reasonable resolution.

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