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Tweet, Post, Jail: How Free Is Your Speech In Digital India?

Sep 22
1 min read



Disha Maheshwari, NMIMS Kirit P. Mehta School of Law


ABSTRACT


The social media revolution has changed the face of democratic participation in India through giving citizens an opportunity to speak out, criticise, and organize on an unprecedented level. However, increasing governmental regulation, deletion, and criminalisation have raised questions regarding the contours of the right to express online. This paper aims to explore the constitutional protection of the right to freedom of speech online as enshrined in articles 19(1)(a) and 19(2) in conjunction with the Information Technology Act, 2000, IT Rules, 2021, Bharatiya Nyaya Sanhita, 2023, and judicial precedents such as Shreya Singhal, Anuradha Bhasin, the Disha Ravi case, the Mohammed Zubair case, Kunal Kamra, X Corp. vs. Union of India, and Ranveer Allahbadia vs. Union of India. The paper argues that the regulatory ambiguity may lead to a severe chilling effect on the lawfully protected expression and suggests a rights-based approach based on the principles of legality, necessity, proportionality, transparency, and due process.


Keywords: Digital speech, Freedom of Speech, Article 19(1)(a), Social Media, Chilling Effect, Intermediary liability, Content moderation, Article 19(2).



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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