Regulating Free Speech On Social Media: Right Vs Restrictions
- IJLLR Journal
- Jun 12
- 1 min read
Chaity, LLM, Hidayatullah National Law University, Raipur
ABSTRACT
This paper aims to explore the complex issue of regulating free speech on social media while balancing the right to express oneself against the necessity of maintaining public order and ethical communication. In recent years, social media platforms have emerged as powerful tools for expression and democratic participation but are equally vulnerable to misuse through hate speech, misinformation and cyber harassment. The paper evaluates the current legal framework in India, including Article 19(1)(a) of the Constitution, the Information Technology Act, 2000 and the Intermediary Guidelines and Digital Media Ethics Code, 2021. It discusses various challenges in regulation such as volume of content, profit motives of platforms, jurisdictional issues, and emerging technologies like deepfakes. The paper highlights significant gaps in existing laws, noting their limited scope and fragmented nature and evaluates a departure from current regulation towards a co-regulatory model that integrates platform accountability, user participation and government oversight to ensure transparency, fairness and effective moderation. Lastly, it recommends ethical and technological enhancements in regulation, such as AI-driven content moderation under public scrutiny as well as development of a unified legislation specifically tailored to the nuances of social media platforms. Essentially, the paper calls for the adoption of a balanced regulatory framework, one that safeguards free speech while curbing its misuse in the digital age.
Keywords: Social Media, Free Speech, Regulation, Challenges.
