Freedom Of Expression Online ‘The Chilling Effect Of Online Harassment: Reconciling Freedom Of Expression With The Right To Dignity And Safety’
- IJLLR Journal
- 4 minutes ago
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Geeta Devi & Ojashvi Verma, City Academy Law College, Pure Bhicchuk, PO Karanaipur, Amethi, Uttar Pradesh
ABSTRACT
Today many of our daily tasks rely on digital media, which has made our lives public and created opportunities for anonymous crimes. In India, every citizen has the right to Freedom of Speech and Expression under Article 19(1)(a). However, this right is subject to reasonable restrictions under Article 19(2) and at the same time person‟s Right to Dignity and Safety is protected under Article 21, a cornerstone of Indian Constitution encompassing the right to Life and Personal Liberty. With the rising number of digital media subscribers, cybercrime has become a significant issue, resulting from misuse of free speech. Online harassment is the most prevalent form of cybercrime. The United Nation Investigative Team to promote
Accountability for crimes committed by Da‟esh/ISIL (UNITAD) defines it as a repeated behavior, aimed at threatening, scaring, shaming and silencing those who are targeted with digital tools. Victims often suffer severe emotional, psychological and sometimes legal consequences. The paper analyzes how Indian Legal frameworks including the Information Technology Act, the Digital Personal Data Protection Act (DPDP Act) and the courts play a crucial role in addressing the issue and balancing the right to freedom of speech and expression with the right to dignity and safety online by referencing us with the judgments including: Shreya Singhal v. Union of India, Amar jain v. Union of India, Pragya Prasun and others v. union of India. However, efforts at both individual and community levels, along with continuous updates and robust enforcement mechanisms are necessary to keep pace with evolving cyber threats and technological advancements.
Keywords: Right to Freedom of speech and expression, Right to dignity and safety online, online harassment, information technology Act, digital media, UNITAD
