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Freedom Of Speech In The Internet Era: A Comparative Legal Analysis Of The Indian Digital Public Square

Volume
2
Issue
4
Pages
1–18
Published
Sep 2026
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0
4
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Abstract

The transition from analog to digital telecommunications has fundamentally disrupted traditional speech jurisprudence. While early internet discourse celebrated a decentralized, boundaryless forum for expression, modern online communication is mediated by centralized platform monopolies and heavily regulated by sovereign states. This research paper investigates the legal and constitutional dimensions of digital free speech in India under Article 19(1)(a) and the reasonable restrictions of Article 19(2) of the Constitution of India. It critically examines the shift from statutory safe harbour protections under Section 79 of the Information Technology Act, 2000, to proactive state-mandated censorship frameworks under the IT Rules of 2021 and 2023. Through a comparative legal analysis involving the United States' First Amendment doctrine through Section 230 CDA and the European Union’s co-regulatory framework (Digital Services Act, 2022), this paper identifies structural vulnerabilities in Indian digital governance. It concludes with actionable legislative, regulatory, and judicial reforms designed to protect constitutional speech in an increasingly algorithmic digital ecosystem.

Authors
SS
Sivaraj S
SR
Surya R C
AR
Abdul Rahman.M
Keywords
Freedom of Speech and ExpressionArticle 19(1)(a)Information Technology Act 2000Intermediary LiabilitySafe HarbourDigital Services ActFirst AmendmentShreya SinghalContent ModerationInternet Shutdowns
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