Navigating The Intersection Of Free Speech And Regulation: The Changing Dynamics Of Digital Expression In India
- IJLLR Journal
- Apr 3
- 2 min read
Anwita Singh, Amity University Uttar Pradesh, Lucknow Campus, Lucknow
Dr. Arvind Kumar Singh, MBA, Ph.D., UGC (NET), Officiating Director, Amity University Uttar Pradesh, Lucknow Campus, Lucknow
ABSTRACT
Freedom of speech and expression is a fundamental right enshrined in Article 19(1)(a) of the Indian Constitution, yet it is subject to reasonable restrictions as specified in Article 19(2) to protect sovereignty, public order, morality, and national security. The rise of social media and online platforms has significantly altered public discourse, enabled wider participation while also given rise to challenges such as misinformation, hate speech, cyberbullying, and digital censorship. The spread of fake news and online radicalization has led to increased scrutiny of digital expression, prompting regulatory actions through legislation like the Information Technology (IT) Act of 2000, the Intermediary Guidelines of 2021, and various court rulings. The judiciary has played a crucial role in delineating the limits of free speech, working to balance individual expression with the necessity of public safety and the prevention of misinformation.
This paper examines the legal and policy challenges associated with regulating digital speech in India, with a focus on government oversight, intermediary liability, algorithmic content moderation, and internet shutdowns. It also explores the implications of the growing role of private tech companies in content moderation, raising concerns about transparency and due process. The research highlights the conflict between digital freedom and state regulation, emphasizing the need for a comprehensive legal framework that safeguards fundamental rights while addressing the risks of unregulated online communication. In an era of rapid technological advancement, it is essential to adopt a cohesive and rights-focused approach to free speech to uphold democratic principles in India.
Keywords: Freedom of speech and expression; Indian Constitution; Article 19(1)(a) and Article 19(2); IT Act, 2000; Intermediary Guidelines,2021; online communication
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