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Freedom Of Expression And Online Reputation: Examining Digital Defamation And Vloggers Criticism In India




Fesna Fasal, CSI College of Legal Studies


ABSTRACT


The rapid expansion of digital communication and social media platforms has significantly transformed the dynamics of public discourse and reputational harm. With the emergence of vloggers, influencers, and independent digital commentators, online criticism has become a common feature of contemporary media culture. However, the widespread reach and speed of digital communication have also increased the risk of defamatory content being published against individuals or groups, often under the protection of online anonymity. This research paper examines the legal implications of digital defamation in India and explores the boundaries between legitimate criticism and defamatory speech in the context of online content creation. The study analyses the constitutional guarantee of freedom of speech and expression under Article 19(1)(a) of the Constitution of India and the reasonable restrictions imposed under Article 19(2) of the Constitution of India, particularly in relation to the protection of reputation. It further evaluates the legal framework governing defamation under Section 356 of the Bharatiya Nyaya Sanhita and the regulatory role of the Information Technology Act, 2000 in addressing online defamatory content. Through doctrinal analysis and case law examination, the paper highlights the emerging challenges posed by digital platforms and emphasizes the need for clearer legal standards to balance free expression with the protection of individual reputation in the digital era.



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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