Article 19

SECTION 69A OF THE IT ACT: GOVERNMENT'S POWER TO BLOCK ONLINE CONTENT AND EMERGING LEGAL CHALLENGES

Section 69A of the Information Technology Act, 2000 empowers the Indian government to block public access to digital content to defend national security and public order. Despite procedural safeguards upheld by the Supreme Court, concerns persist regarding transparency and due process.

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PERSONALITY RIGHTS VS FREE SPEECH: BALANCING DIGNITY AND DEMOCRACY IN INDIA

Personality rights protect an individual’s identity—including name, image, and voice—from unauthorized commercial exploitation. While Indian courts derive these from Article 21, the absence of a codified law creates challenges in combating AI-driven deepfakes while safeguarding democratic free speech.

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SUPREME COURT RULINGS ON CONTEMPT OF COURT

The power of contempt must be a "measure of last resort," as judicial independence is best secured through transparency and quality judgments, rather than legal coercion to suppress democratic dissent or criticism.

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Draft IT Rules 2026 Explained: Balancing Free Speech and Online Safety

The draft IT (Digital Code) Rules, 2026 seek to regulate online obscenity using Cable TV norms, age classification, and access controls. While protecting users, concerns over subjectivity, outdated standards, and privacy risks persist. A balanced approach needs consultations, nuanced regulation, and lessons from the EU’s Digital Services Act.

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