THE PARADOX OF ONLINE FREE SPEECH: CONSTITUTIONAL GUARANTEES VS DIGITAL GOVERNANCE
The Indian Constitution's Article 19(1)(a) guarantees the right to freedom of speech, which is essential for running a democracy. The digital age has brought about changes in how speech operates, covers, and impacts people, leading to issues related to legal and constitutional matters. But it has also made possible falsehoods, vile language, cyberbullying and threats to national security.' This article investigates how freedom of speech is being protected in the digital age, with a particular emphasis on the legal constraints provided by Article 19(2) of the constitution. It also examines the challenges that governments face in managing online content without violating fundamental rights and reviewing key court rulings such as Shreya Singhal v. Uttar Pradesh. The paper examines the Union of India and scrutinizes laws, including the Information Technology Act, 2000.
Saha, R. (2026). The Paradox of Online Free Speech: Constitutional Guarantees Vs Digital Governance. International Journal of Science, Strategic Management and Technology, 02(05). https://doi.org/10.55041/ijsmt.v2i5.023
Saha, Rajrita. "The Paradox of Online Free Speech: Constitutional Guarantees Vs Digital Governance." International Journal of Science, Strategic Management and Technology, vol. 02, no. 05, 2026, pp. . doi:https://doi.org/10.55041/ijsmt.v2i5.023.
Saha, Rajrita. "The Paradox of Online Free Speech: Constitutional Guarantees Vs Digital Governance." International Journal of Science, Strategic Management and Technology 02, no. 05 (2026). https://doi.org/https://doi.org/10.55041/ijsmt.v2i5.023.
Constitution of India, 1950, Article 19(1)(a) and Article 19(2).
Information Technology Act, 2000.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Indian Penal Code, 1860 (relevant provisions on hate speech).
2.Case Laws
Romesh Thappar v. State of Madras
Bennett Coleman & Co. v. Union of India
Shreya Singhal v. Union of India
Anuradha Bhasin v. Union of India
Faheema Shirin v. State of Kerala
Brandenburg v. Ohio
Handyside v. United Kingdom
3.Books
P. Jain, Indian Constitutional Law, LexisNexis.
N. Shukla, Constitution of India, Eastern Book Company.
M. Seervai, Constitutional Law of India.
Gautam Bhatia, Offend, Shock or Disturb: Free Speech under the Indian Constitution.