Freedom Of Speech And Expression In The Digital Age: Constitutional Challenges

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Anurag Kumar, Amity University, Lucknow

Dr. Juhi Saxena, Amity University, Lucknow

ABSTRACT

With the advent of time there has been transitional shift from the physical assemblies to digital sphere which has developed the relationship between the individual, the state, and communication forums. The aim of the paper is to make analysis of the constitutional challenges to freedom of speech and expression. Through this paper we have made a comparative analysis with the primary focus on Indian laws while also dealing with laws related with the United States of America, the European Union and Brazil.

While dealing with the laws in India, although there has been rapid expansion of digital rights through various judicial doctrines such as the "Parity Principle" established in Shreya Singhal v. Union of India and the "Proportionality Mandate" in Anuradha Bhasin v. Union of India.

Through this paper we have also tried to highlight the American "marketplace of ideas" doctrine with the European Union’s "systemic risk" framework under the Digital Services Act (DSA), showcasing a global shift toward proactive platform accountability.

Keywords: Speech, Expression, Fundamental Rights, Reasonable Restrictions

440. FREEDOM OF SPEECH AND EXPRESSION IN THE DIGITAL AGE- CONSTITUTIONAL CHALLENGES.pdf

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