LIJDLR

freedom of speech

MISUSE OF STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN INDIA: NEED FOR ANTI-SLAPP LEGISLATION

Volume IV Issue I /

MISUSE OF STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN INDIA: NEED FOR ANTI-SLAPP LEGISLATION Rafiya Nazneen, LLM Corporate and Commercial Law, Christ Deemed to be University, Bangalore (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.01 Strategic Lawsuits Against Public Participation (SLAPPs) are becoming more recognized as a potent tool of legal harassment, as corporations, powerful people, and state officials are now using it to silence dissent and discourage legitimate public activism. SLAPPs can be characterized as a tool that is used to exert not only financial but also psychological pressures on activists, journalists, and civil society organizations, as opposed to being a legitimate legal complaint. This paper critiques the scenario of India of misusing of SLAPPs, where the lack of sufficient defamation laws, the lengthy legal process, and unequal access to justice further intensify their chilling effect on free speech and political participation. Comparative analysis of anti-SLAPP laws in various jurisdictions, such as the United States, Canada as well as the nations in Europe, and South Africa, clarifies the variety of legislative and judicial approaches that may be used to guard civic activity. The paper notes the existing legal gaps in India that enable the continuation of SLAPPs and suggests that an effective anti-SLAPP framework based on constitutional protections to free speech, judicial effectiveness, and protection of litigation in the public interest can be implemented. The suggested structure aims to reconcile the rights of individual reputation and the right to criticize as a collective entity to strengthen the democratic spirit of India.

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MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS

Volume III Issue IV /

MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS Sholanki Bhowmik, Assistant Professor of Law, Saroj International University, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.184 This study explores the growing phenomenon of media trials in India and its complex relationship with the justice system. Although the media is often celebrated as the “fourth pillar of democracy,” its conduct in high-profile criminal cases has raised difficult questions about fairness, ethics, and the limits of press freedom. Over the years, news reporting has moved beyond its traditional role of informing the public and has, at times, taken the shape of parallel investigations that frame narratives long before courts begin their work. This paper critically examines how such premature conclusions and sensational coverage can influence public opinion, affect the rights of the accused, and indirectly place pressure on judges, lawyers, and investigators. Drawing on doctrinal research, case laws, and statutory developments, the study traces the evolution of Indian media regulations and discusses the tension between the freedom of speech under Article 19(1)(a) and the fundamental right to a fair trial. It also evaluates the impact of media trials on privacy, the presumption of innocence, and the administration of justice through an analysis of landmark cases such as the Jessica Lall trial, the Nirbhaya case, the Aarushi Talwar case, and recent incidents like the Aryan Khan and RG Kar matters. The paper concludes that while media trials can promote accountability and social awareness, unchecked sensationalism poses serious risks to judicial independence. It argues for stronger regulatory mechanisms, ethical guidelines, and public awareness to ensure that media freedom and fair trial rights coexist without undermining each other.

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DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES

Volume II Issue II /

DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES Lakshay Gupta, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Shaivi Agnihotri, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Download Manuscript ABSTRACT Caste and religious decals on cars have drawn a lot of attention, particularly considering the Uttar Pradesh police’s recent enforcement campaign against them. Numerous court rulings and orders have emphasised the ban on these decals, highlighting issues with social harmony and public order. Nonetheless, objections to these prohibitions have been made, pointing out that the Indian Constitution’s fundamental rights have been violated. Three fundamental rights—Article 14 (Equality before the law), Article 19 (Freedom of speech and expression), and Article 21 (Protection of life and personal liberty)—intersect with the ban on caste and religious decals. Since Article 14 guarantees equality and the protection of the law, banning these decals might be unfair and discriminatory. It is implied that prohibiting these decals may limit expression, association, and identity assertion whereas, Article 19 protects the freedoms of speech, association, and movement. The protection of the right to life and liberty, which includes autonomy and dignity, is provided by Article 21. This right may be jeopardised by restricting speech and upholding discrimination. These prohibitions are still in effect despite legal challenges, and violations are subject to fines under certain provisions of the Motor Vehicle Act. But since the Act doesn’t specifically forbid caste or religious decals, it’s unclear whether the fines levied for their display are justified. Furthermore, the Act usually permits small modifications, such as stickers, provided they don’t change the fundamental design of the vehicles. The prohibitions on religious and caste decals seek to address social issues, but to be justified as constitutional, they must pass the reasonableness test. Navigating this complicated issue requires striking a balance between societal interests and individual freedoms to protect both that is our fundamental rights and advance inclusivity and social harmony. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 215-225. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA

Volume II Issue I /

LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA Gayathri G, Law Student. Download Manuscript ABSTRACT With India’s expanding digital landscape, this paper intends to evaluate how the Right to be Forgotten, a concept that gained considerable recognition through European regulatory frameworks, aligns with India’s legal, cultural, and technological environment. The primary focus is thus limited to the application of this right to the cyber domain. India’s privacy laws are critically analysed to determine whether the essence of this right can be accommodated. The paper also delves deeper into challenges in execution, like the juxtaposition of the contrasting Right to freedom of expression, a fundamental right guaranteed by the Indian Constitution, and the Right to be Forgotten. Recent legal cases involving privacy rights and online information are examined critically alongside international judgements to gauge how Indian courts view the concept. This paper contributes insights into adapting the Right to be Forgotten to India’s unique circumstances, considering implications for individuals, online platforms, and society. It explores the intersection of privacy, digital rights, and free expression. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 560-573. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS

Volume I Issue II /

FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS Mohd Fahed, Student, B.A. LL. B, Faculty of Law, Jamia Millia Islamia. Download Manuscript ABSTRACT The use of social media sites like Facebook, WhatsApp, Twitter, Instagram, YouTube, and others to read and share news and information has increased due to advancements in technology. A social network can be created in the virtual world using a variety of online communication channels using social media, which is a mobile and web-based technology. People from different parts of the country can access information posted by users from other parts of the world because of social media technology. Freedom of speech is the unrestricted ability of any person to express ideas and seek, receive, and give information through any means, regardless of boundaries. Every citizen in a democratic nation like India has the freedom to use social media to express themselves and spread information. We can upload something to social media, uplink it, comment on it, like it, share it, etc. because we have this freedom. The freedom of expression offered by these social media platforms is complete or unrestricted, but how are we as internet users using it? The paper examines how the government can balance censorship or regulation of social networking sites and peoples’ freedom of speech and expression. In conclusion, the paper argues for the necessity of reforming the legal framework governing speech regulation on social networking sites in India. It proposes that the government should adopt a more precise and specific definition of hate speech, narrowing down the scope of prohibited content. Additionally, it advocates for the establishment of an independent and transparent regulatory body responsible for overseeing the enforcement of speech regulations on social media platforms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 434- 450. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA

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