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Trending: Call for Papers Volume 6 | Issue 1: International Journal of Advanced Legal Research [ISSN: 2582-7340]

FREE SPEECH IN THE DIGITAL AGE: DOES THE CONSTITUTIONAL AMENDMENT IS THE NEED OF AN HOUR? – Aniket Sur

Abstract

The constitutional provisions of any country serves as the Grundnorm of the country for the governing of the citizens. The various constitutions pertinent to the specific countries be it written or unwritten is formed mainly on the principles of securing justice and guarantying the rights of every individual. Indian constitution is governed in this substance by the Article 19 of the Constitution, Which grants the right to free speech and expression with reasonable restrictions however as with every merit there comes a demerit. The freedom of speech and expression is the bedrock of Indian democracy, as provided for in Article 19(1)(a) of the Constitution of India. But it is not an absolute freedom. Reasonable restrictions may be placed under Article 19(2) on the basis of sovereignty, public order, morality, decency, defamation, and incitement to offense.

Thus In proliferation age of the internet, where information flows instantly and freely across every borders, and the use of free speech values is confronted with challenges like never before.

Fake news, online hate speech, social media, government control, and the power of Big Tech have all asked fundamental questions: Is the current legal framework adequate in India, or must the right to free speech be calibrated for the age of the internet? The article is dedicated to solve the contemporary issue of want of justice and efficacy of the legal framework in this context.