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Weaponizing Freedom Of Speech: A Legal And Ethical Analysis Of Abuse Of Expression On Social Media




Karan Sati, Guru Gobind Singh Indraprastha University


ABSTRACT


The right to freedom of speech and expression, enshrined as a fundamental right in democratic constitutions, has undergone profound transformation in the digital age. Social media platforms have democratized expression, yet simultaneously weaponized it, facilitating the rapid dissemination of hate speech, misinformation, and defamatory content at an unprecedented scale. This paper examines the critical tension between protecting freedom of expression and regulating its abuse on social media platforms. Through analysis of landmark judicial pronouncements, existing legislative frameworks, and recent developments as of December 2025, this paper contends that the solution lies not in restricting speech through censorship, but in establishing proportionate, transparent, and rights-respecting regulatory mechanisms that account for the unique characteristics of digital communication. The paper analyzes the Indian legal landscape, particularly the Information Technology Act, 2000, the IT Rules 2021, and the emerging Karnataka Hate Speech and Hate Crimes (Prevention) Bill 2025, while drawing comparative insights from international jurisprudence. It proposes a multi-stakeholder framework combining statutory clarity, procedural safeguards, algorithmic transparency, and institutional independence to address online speech abuse while preserving democratic discourse.


Keywords: Freedom of speech, social media regulation, hate speech, content moderation, algorithmic amplification, digital rights, constitutional law, platform accountability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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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.

 

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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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