Riddhi¹, Satyendra Kr. Gupta² & Vijay Biloriya³

¹Independent Lawyer and student National Law University

Bangalore, India

²Criminologist & Information Technology practitioner,

Lucknow, Uttar Pradesh-India

³Entrepreneur & Independent Power Consultant, 2nd Year Law Student at Central India Institute of Law

Nagpur, India

Abstract– The exponential growth of internet access and social media usage in India has redefined the boundaries of communication and civil discourse. As of March 2024, India boasts over 954 million internet users, including over 398 million rural users, reflecting a significant democratization of information access. However, this rise in digital engagement has also intensified the misuse of online platforms, including the spread of misinformation, hate speech, cyber defamation, and the erosion of privacy. This paper articulates the legal contention between the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution and the need for accountability in the social media space, especially in light of the reasonable restrictions outlined in Article 19(2). It critically examines the existing regulatory framework, including the Information Technology Act, 2000, the Indian Penal Code, and the 2021 amendments to the Intermediary Guidelines.Through case studies such as the Madhya Pradesh High Court’s ban on editing livestreams and the defamation case involving YouTuber Dhruv Rathee the paper highlights how courts and legal institutions are grappling with the digital age’s unique challenges. By drawing comparisons with global models like the UAE’s influencer licensing regime and the European Union’s Digital Services Act, the paper advocates for a more robust, transparent, and constitutionally sound regulatory approach in India. It concludes with recommendations aimed at striking a fair balance between digital freedom and responsible online behavior.

Keywords-Social Media, Digital Freedom, Court.

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