LIJDLR

Digital Constitutionalism.

RIGHT TO INTERNET ACCESS: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE IN THE DIGITAL AGE

Volume IV Issue II /

RIGHT TO INTERNET ACCESS: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE IN THE DIGITAL AGE Gautam Kumar Mahto, Phd Scholar at Radha Govind University, Ramgarh, Jharkhand (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.252 In the digital age, access to the Internet has become central to the effective enjoyment of constitutional freedoms and human rights. This paper examines whether Internet access should be recognised as an independent fundamental right or as a derivative right that enables the exercise of existing rights such as freedom of speech and expression, education, privacy, trade, access to information, and democratic participation. The study adopts a doctrinal and comparative legal methodology, relying on constitutional provisions, judicial decisions, international human rights instruments, United Nations resolutions, policy documents, and scholarly literature. It also considers comparative developments in selected jurisdictions to understand how different legal systems have approached digital connectivity and Internet-related rights. The paper finds that although the Indian Constitution does not expressly guarantee a right to Internet access, judicial interpretation has increasingly linked Internet access with Articles 19 and 21. Decisions such as Anuradha Bhasin v. Union of India and Faheema Shirin R.K. v. State of Kerala demonstrate that Internet connectivity is constitutionally significant for speech, profession, education, and privacy. At the international level, United Nations human rights standards affirm that rights protected offline must also be protected online and condemn arbitrary disruptions of access to information. The paper further argues that Internet shutdowns must satisfy the tests of legality, necessity, proportionality, and reasonableness. It concludes that meaningful, affordable, and non-discriminatory Internet access is no longer a mere technological convenience but an essential condition for dignity, equality, democratic participation, access to public services, and inclusive development in contemporary modern society.

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INTERMEDIARY LIABILITY IN INDIA POST 2021 RULES: A CONSTITUTIONAL BALANCE OF FREE SPEECH AND REGULATORY ACCOUNTABILITY

Volume IV Issue I /

INTERMEDIARY LIABILITY IN INDIA POST 2021 RULES: A CONSTITUTIONAL BALANCE OF FREE SPEECH AND REGULATORY ACCOUNTABILITY Madhumitha Gopinath, Author is an Advocate at Bar Council of Tamilnadu and Puducherry, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.54 The rapid expansion of digital communication platforms has significantly transformed democratic discourse in India, raising complex regulatory and constitutional questions regarding the liability of online intermediaries. Public expression is now increasingly mediated through digital intermediaries, particularly social media platforms, which has generated complex legal and constitutional questions regarding their regulation. An original protection of intermediaries under the Information Technology Act, 2000, Section 79, although conditional, was the protection of the so-called safe harbour by intermediaries. But with introduction of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, due diligence has been increased particularly among Significant Social Media Intermediaries. The question that is addressed in this paper is whether the post-2021 regulatory framework is a recalibration of intermediary responsibility as per Article 19(1)(a) of the constitution of India. Based on the successful case law in Shreya Singhal v. Union of India, the paper examines the application of constitutional precepts of proportionality, procedural protection and reasonable restriction in the digital context based on Article 19(2). Instead of considering the regulatory change as a break with the protection of free speech, this study assesses whether the changing frame indicates an effort at balancing between innovation, accountability, and constitutional freedoms. The paper concludes that the viability of intermediary regulation may be ultimately based on the balanced implementation, transparency, and reiteration of judicial control to make sure that digital regulation keeps in tune with the constitutional values.

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