Legal Implications Of Social Media Shadow Banning And Content Demotion: An Analytical Study
- IJLLR Journal
- Jun 6
- 1 min read
Ankit Kohli & Amber Srivastava, Assistant Prof.
ABSTRACT
Social media has been a game-changer for communication, democratic participation and dissemination of information. Platforms like Meta Platforms, previously known as Facebook, X Corp. (formerly Twitter), and Google LLC have become the custodians of online visibility, with algorithmic governance. Issues surrounding moderation that are seen as controversial involve shadow banning and content demotion, in which users' material is limited without explicit notification. As a countermeasure to misinformation, hate speech and bad content, platforms argue that such measures are essential, but they create a multitude of problems concerning transparency, procedural fairness, freedom of expression, and accountability. The present article analytically explores the constitutional and compositional considerations, intermediary liability regime principles and principles of digital governance in the case of shadow banning .The present article would analytically debate the constitutional and compositional considerations, while examining the principles of intermediary liability and digital governance in the case of shadow banning, especially in the Indian context. It examines whether algorithmic suppression is indirect censorship, and examines the public/private balance of autonomy of the platform and fundamental rights of users.
Keywords: Social Media Regulation, Shadow Banning, Content Demotion, Freedom of Speech, Algorithmic Governance, Intermediary Liability, Digital Rights, Constitutional Law, Online Censorship, Platform Accountability.
