HUMAN RIGHTS AND FREEDOM OF EXPRESSION IN THE DIGITAL AGE
HUMAN RIGHTS AND FREEDOM OF EXPRESSION IN THE DIGITAL AGE
Abstract:
Digital technology has transformed people's use of their constitutional rights in India, particularly the fundamental rights guaranteed under Articles 19(1)(a) and 21 of the Indian Constitution. Digital platforms are the new public place for people, which allows them to participate in democracy, but they also bring new phenomena like fake news created using algorithms and deepfakes. Because of these phenomena, the laws concerning the digital world have undergone significant changes in India between 2023 and 2026, with new legal frameworks governing online speech and digital platforms.
This study examines whether these new laws and rules create a balance between regulatory objectives and the protection of freedom of speech. This paper uses doctrinal legal research to analyse the relevant legal framework and court decisions. It pays special attention to how the Supreme Court has changed its view on digital rights over time in important cases. The paper also looks at new constitutional issues about fact-checking, state surveillance, and the rule on the Right to be forgotten.
The research suggests that the new legal framework is slowly moving towards stricter control of the platforms and more centralised digital governance, which may negate the safe harbour protections provided for intermediaries. It concludes that while rules are needed to deal with new digital issues, the way the law is headed raises concerns about surveillance and the potential violations of freedom of speech.
Keywords
Freedom of expression, Deepfakes, State surveillance, Right to be forgotten, Chilling effect, Synthetically generated information.
