Navigating the Digital Public Sphere: A Critical Analysis of Freedom of Speech and Expression under the Indian Constitution and the Information Technology Act, 2000

The emergence of the digital era has significantly changed the character of public debate and redefined the bounds of free speech and expression. This change in India conflicts with the legal framework created by the Information Technology Act, 2000 (IT Act) and the constitutional protections guaranteed by Article 19(1)(a). The dynamic interaction between these legislative rules in the setting of the digital public sphere is critically examined in this study. It examines how, particularly in view of the current difficulties presented by digital platforms, the Indian Constitution preserves the right to free speech while permitting appropriate limitations under Article 19(2). The review explores important court rulings, including the decisive case of Shreya Singhal v. Union of India, which have influenced how online expression rights are interpreted as well as the restrictions placed by Section 66A of the IT Act. The paper also examines how intermediary rules are changing, how to strike a balance between individual rights and governmental regulation, and how these changes affect dissent and democratic engagement in the digital age. This study offers a detailed view of the conflicts between defending free speech and resolving issues with disinformation, hate speech, and cyber threats by evaluating legal frameworks as well as policy changes. To maintain the digital public sphere as a strong forum for democratic discourse and civic involvement in India, the paper ends with suggestions for balancing constitutional liberties with efficient digital government.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-05-02
DOI
https://doi.org/10.5281/zenodo.15329961
Primary Topic
Hate Speech and Cyberbullying Detection
Type
article
Field-Weighted Citation Impact
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article

Navigating the Digital Public Sphere: A Critical Analysis of Freedom of Speech and Expression under the Indian Constitution and the Information Technology Act, 2000

Zenodo (CERN European Organization for Nuclear Research)
Hate Speech and Cyberbullying Detection
article

Navigating the Digital Public Sphere: A Critical Analysis of Freedom of Speech and Expression under the Indian Constitution and the Information Technology Act, 2000

article en

Abstract

The emergence of the digital era has significantly changed the character of public debate and redefined the bounds of free speech and expression. This change in India conflicts with the legal framework created by the Information Technology Act, 2000 (IT Act) and the constitutional protections guaranteed by Article 19(1)(a). The dynamic interaction between these legislative rules in the setting of the digital public sphere is critically examined in this study. It examines how, particularly in view of the current difficulties presented by digital platforms, the Indian Constitution preserves the right to free speech while permitting appropriate limitations under Article 19(2). The review explores important court rulings, including the decisive case of Shreya Singhal v. Union of India, which have influenced how online expression rights are interpreted as well as the restrictions placed by Section 66A of the IT Act. The paper also examines how intermediary rules are changing, how to strike a balance between individual rights and governmental regulation, and how these changes affect dissent and democratic engagement in the digital age. This study offers a detailed view of the conflicts between defending free speech and resolving issues with disinformation, hate speech, and cyber threats by evaluating legal frameworks as well as policy changes. To maintain the digital public sphere as a strong forum for democratic discourse and civic involvement in India, the paper ends with suggestions for balancing constitutional liberties with efficient digital government.

Zenodo (CERN European Organization for Nuclear Research)
University of Mysore (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
Hate Speech and Cyberbullying Detection
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