Avishi Shukla and Viraj Singh, Rajiv Gandhi National University of Law, Punjab
ABSTRACT
The article examines the legal implications of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2023 in India, focusing on its potential unconstitutionality concerning freedom of speech under Article 19(a) of the Indian Constitution. It critiques the vagueness of terms like "fake, false, or misleading" in the regulations, which could lead to arbitrary censorship without clear legal standards. The author(s) argues that the government's broad discretion in determining what constitutes harmful content undermines freedom of expression. Additionally, the article discusses the chilling effect on free speech, where individuals and intermediaries self-censor to avoid legal repercussions, further restricting constitutional rights. By analyzing the case of Kunal Kamra v. Union of India, the author(s) highlights the dangers of unreasonably restrictive regulations, urging a re-evaluation of these amendments to ensure a balance between regulation and the protection of citizens' fundamental rights.
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