Regulating Freedom of Speech and Expression on Social Media in India: Constitutional Perspectives, Platform Responsibilities, and Pedagogical Insights Through Case-Based Analysis
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Regulating Freedom of Speech and Expression on Social Media in India: Constitutional Perspectives, Platform Responsibilities, and Pedagogical Insights Through Case-Based Analysis
Aruno Raj Singh[1]
Prof. (Dr.) J. S. Bisht[2]
ABSTRACT
The meteoric rise of the internet and social media has fundamentally reshaped communication. In India, nearly half the population utilizes social media platforms, transforming them into vital tools for information dissemination and democratic engagement. Article 19(1)(a) of the Constitution of India, 1950, enshrines the fundamental right to freedom of speech and expression, providing a legal shield for online discourse. However, this same platform has morphed into a breeding ground for hate speech, misinformation, and illegal activities, exposing the limitations of existing cyber laws. This paper delves into the critical need for effective social media regulations that strike a delicate balance: upholding freedom of expression while effectively addressing illegal and harmful online content. The paper commences by exploring the definition and diverse forms of social media, followed by an analysis of the right to access and the limitations imposed by the Constitution. Next, it dissects particularly the now-defunct Section 66A of the Information Technology Act of 2000, which attracted significant controversy for infringing on free speech. Real-world examples illustrate the current state of social media in India, highlighting both its potential and the challenges it presents. Finally, the paper concludes by proposing innovative solutions to navigate this complex terrain, advocating for a multi-pronged approach that involves responsible user behavior, robust platform moderation, and legislative reforms.
Keywords: Social-Media, Article 19, Online free speech, Reasonable Restrictions, Information Technology Act,2000
[1] Research Scholar, Soban Singh Jeena University, Almora, Uttarakhand.
[2] Dean & Head, Faculty of Law, Soban Singh Jeena University, Almora, Uttarakhand.
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