Digital Media, Freedom Of Expression, And Constitutional Limits: An Indian Legal Analysis
- IJLLR Journal
- 2 days ago
- 2 min read
Ishita Jain, Government Law College (DAVV), Indore (MP)
ABSTRACT
Freedom of expression is the lifeline of any democratic polity, and the media is its prime instrument. In India, Article 19(1)(a) guarantees this freedom of speech and expression. The courts have interpreted it to imply thereby freedom of the press, the right to impart and diffuse information freedom to receive information and digital communication rights as well. Yet freedom of speech and expression is not absolute. Under Article 19(2), this freedom is subject to “reasonable restrictions” imposed by law.
In the last couple of decades, the rapid diffusion of electronic and digital media, along with social networking platforms and AI-based information systems has dramatically altered the way in which information travels and is consumed. These developments have thrown up a set of new constitutional issues about regulating the media. This paper traces the history of the emergence of media freedom in India, the legal regime governing it, and the statutory limitations thereto.
It also examines such issues as are increasingly engaging public controversy- issues relating to misinformation, paid news, hate speech, defamation, censorship on the internet, regulation of OTT content, intermediary liability, and issues of data protection.
The paper assesses two essential court judgments, Romesh Thapar v. State of Madras and Shreya Singhal v. Union of India which have shaped the contours of free expression in India.
This paper identifies possible reforms that need to be made to ensure that media continues to serve democratic communication without being misused. While Article 19(1)(a) guarantees freedom of speech and expression, India's rank in the global press freedom rankings has continued to remain poor.
The paper further goes on to discuss the challenges of digital media, hate speech, and the application of sedition laws. It looks at the interaction between national security, public order, and individual rights. By examining these developments and court judgments, this paper tries to contribute to the continuing debate on securing freedom of expression. Article 19(1)(a) guarantees to all citizens freedom of speech and expression by word of mouth, writing, print, picture or any other mode. include speech, writing, print, pictures, and other forms.
Keywords: Freedom of speech, expression, constitutional provisions, AI- driven information, Supreme Court judgments, censorship.
