Reconciling Freedom Of Expression And Copyright In The Age Of Digital Constitutionalism
- IJLLR Journal
- 2 hours ago
- 1 min read
Aditya Kumar, LLM (IP), Amity Law School, Amity University, Noida
ABSTRACT
The digital era has transformed the relationship between freedom of expression and copyright. Historically, copyright operated as a limited monopoly to reward creativity, while freedom of expression served as the foundation of democratic participation. Yet, the rise of the Internet, social media platforms, and algorithmic enforcement has blurred the boundaries between creative autonomy and proprietary control.
This paper examines the Indian constitutional framework under Article 19(1)(a) of the Constitution and its reasonable restrictions under Article 19(2), in relation to statutory copyright protection under the Copyright Act, 1957. It explores how digital constitutionalism a framework advocating for transparency, accountability, and participatory governance of digital platforms can reconcile these competing rights.
Through a comparative study of Indian, U.S., and U.K. jurisprudence, the paper argues that proportionality, public interest, and fair use/fair dealing must guide judicial and policy approaches to balance expression and ownership. It concludes that embedding constitutional principles into digital governance can preserve both creativity and free expression in the modern information society.
Keywords: Freedom of Expression, Copyright, Digital Constitutionalism, Fair Use, Algorithmic Censorship, Platform Governance, Indian Constitution.
