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Critical Analysis On Existing Restrictions Imposed By Freedom Of Speech And Expression Upon Social

Critical Analysis On Existing Restrictions Imposed By Freedom Of Speech And Expression Upon Social Media




Swathi Ashok Nair, LLM (Hons) (Constitutional Law), School of Legal Studies, CUSAT

ABSTRACT

Social media is a modern media platform where now people get interconnected in a more integrated and lucid manner. In this cyber platform, the feasibility to express the opinions by the public has been widened, therefore forcing to put certain restrictions to ensure the fair constitutional governance. Freedom of speech and expression has been fairly guaranteed by Indian Constitution, but at the same time, imposes certain restrictions under Article 19 (1) (2), to prevent this freedom from having an absolute nature.

We have been witnessing several issues relating to opinion expressions by the public, as well as few public figures. Taking a case of public; if you scroll through your Insta feed, sometimes you may come across a few dancing reels of some ladies, where many vulgar and obscene comments have been posted below such reels. Such comments can have a negative impact on others, which they get self-encouraged to post such comment and tarnish the image of victim lady itself. Similar instances happen against the public figures, where they could be subjected to false accusations.

Although there exist some Legal regulations on social media imposed By Information Technology Act, and most recent, the intermediary rules 2021, whether these are in conformity with Article 19(1)(2) should be critically examined. Further through this Article. The Author tries to Analyse the effectiveness of restrictions imposed by Article 19(1)(2) upon the social media.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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