From Sedition to Shutdowns: Evolving Jurisprudence on Speech and Censorship in India

  • Anjum Khan and Abhishek Mishra
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  • Anjum Khan

    Student at Amity Law School, Amity University, Lucknow, India

  • Abhishek Mishra

    Assistant Professor at Amity Law School, Amity University, Lucknow, India

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Abstract

This research paper critically examines the evolving legal landscape surrounding freedom of speech and expression in India in the digital age. With increasing reliance on the internet and AI-based platforms like YouTube and Twitter, legal tensions have emerged between state interests in national security and public order, and citizens’ rights under Article 19(1)(a) of the Indian Constitution. Beginning with sedition laws and internet shutdowns, and moving through judicial interventions in cases such as Kedarnath Singh v. State of Bihar, Anuradha Bhasin v. Union of India, and Shreya Singhal v. Union of India, the paper investigates how jurisprudence has adapted to technology-driven censorship, misinformation, and predictive policing. It further explores the implications of AI-driven content moderation, IT Rules 2021, and global comparative standards. Ultimately, this research highlights the need for a balanced legal framework that upholds fundamental rights while maintaining societal order.

Keywords

  • Freedom of Speech
  • Article 19
  • Internet Shutdown
  • Censorship
  • AI Moderation
  • Predictive Policing
  • IT Rules 2021
  • Anuradha Bhasin
  • Shreya Singhal
  • Digital Ethics
  • UAPA
  • Social Media Regulation
  • Proportionality Test

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 5331 - 5350

DOI: https://doij.org/10.10000/IJLMH.119613

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021