RECALIBRATING FREE SPEECH IN INDIA’S DIGITAL AGE: BALANCING EXPRESSION, NATIONAL INTEGRITY AND THE GLOBAL DEMOCRATIC CHALLENGES

In the digital age, India is witnessing an intensifying clash between constitutional free speech protections and state-imposed restrictions rooted in national security concerns and digital nationalism. On the one hand, Article 19(1)(a) of the Indian Constitution guarantees freedom of speech, while on the other hand, emerging norms of “digital nationalism” have prompted increasingly broad censorship laws, as reflected in the Bhartiya Nyaya Sanhita (BNS), which, while omitting IPC Section 124A (sedition) but introduces Section 152 – a broader framework penalizing threats to national sovereignty and integrity.

India’s evolving digital speech regime through the lens of national case law and law is in contrast with liberal-democratic models abroad. This paper examines India’s current framework – Article 19’s reasonable restrictions, the IT Act and 2021 IT Rules, especially intermediary due diligence and traceability requirements – and the key Supreme Court decisions from Ramesh Thappar to Shreya Singhal and Anuradha Bhasin.  Along with this backdrop, the paper comprises international norms like UDHR Art. 19, ICCPR Art. 19, ECHR + NetzDG, which handle speech limits.

Exploring digital nationalism in India, for example, coordinated online trolling by political operatives and frequent internet shutdowns and their chilling effects on journalism and dissent. Finally, recommendations and reforms adopting formal proportionality review, ensuring transparency of takedown orders and creating an independent digital rights oversight body. By drawing on comparative jurisprudence, the paper argues India can safeguard democratic values and lead globally in balancing speech freedom with legitimate state interests.