Between Freedom And Control: Judicial Perspectives On Digital Expression In India
- IJLLR Journal
- Apr 22
- 1 min read
Garvita Garg, LLM (Constitutional Law), Amity Institute of Advanced Legal Studies (AIALS), Amity University, Noida.
ABSTRACT
The paper examines the evolving relationship between judicial institutions and digital free speech in India within the framework of constitutional democracy. It explores how the rapid expansion of digital platforms has transformed public discourse by amplifying diverse voices while simultaneously creating challenges such as misinformation, hate speech, and inconsistent content moderation. Drawing on historical and contemporary case studies—including the Emergency (1975–77), the controversies surrounding Taslima Nasrin, M.F. Husain, JNU protests, Padmaavat, CAA protests, and recent incidents involving comedians and digital creators, the paper analyses how courts have responded to tensions between freedom of expression and the need to maintain public order and social harmony.
The discussion highlights the judiciary’s role as a guardian of fundamental rights under Article 19 of the Constitution, while also acknowledging the limitations imposed by reasonable restrictions. It argues that the digital age has intensified the complexity of balancing individual liberty with regulatory oversight, especially in a landscape increasingly influenced by private platforms. Ultimately, the paper emphasizes the need for a nuanced legal framework that safeguards free expression while addressing the risks posed by unregulated digital communication in a diverse and democratic society.
Keywords: Digital Free Speech, Judiciary, Article 19, Social Media Regulation, Freedom of Expression, Constitutional Law, Hate Speech, Misinformation, India, Content Moderation
