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Cyberbullying And Online Freedom Of Speech And Expression In India




A. Benisha, LL.M., School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai


ABSTRACT


Digitalization has both boon and bane. But due to the increased use of social media platforms in India, there is a high risk of exposure to cyberbullying in online. Indian laws like Information Technology Act, 2000 and Bharatiya Nyaya Sanhita, 2023, both these act addresses issues in the digital medium. But there is always an issue between cyberbullying regulations and individuals freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. Cyberbullying is different from the traditional bullying. Cyberbullying always operates in the digital space, which make it very difficult for the law enforcement agencies to track the perpetrators who have committed the offence of cyberbullying and jurisdiction issues also plays a major challenge.


The main aim of this paper is to analyse the concept of cyberbullying in India, the impact of cyberbullying on individuals and society, the concept of free speech and its importance in a democratic society, scope of free speech under our Indian Constitution. This paper also analyses the Indian legal frameworks related to cyberbullying and the key issues in addressing cyberbullying while ensuring free speech in India. This paper also examines the preventive measures with few notable case laws.



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.

 

Disclaimer:

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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