freedom of speech

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 While protecting users, concerns over subjectivity, outdated standards, and privacy risks persist.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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GUIDELINES DEFINING ‘OBSCENITY’ IN ONLINE CONTENT: BALANCING FREE SPEECH & MORALITY

Government proposed IT Rules guidelines to clarify "obscenity" for OTT and social media, addressing ambiguity in existing laws. While judicial standards have evolved from the 'Hicklin Test' to the 'Community Standards Test,' challenges remain in balancing free speech with subjective public morality and ensuring effective, large-scale enforcement.

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AMENDMENTS TO THE IT RULES: BALANCES FREE SPEECH AND DIGITAL SAFETY

The government has amended the IT Rules, 2021, to strengthen online safety and accountability. It introduced Grievance Appellate Committees, required intermediaries to protect users’ rights, and proposed mandatory removal of content flagged “false” by a Fact Check Unit, reshaping digital rights and platform responsibility.

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DEFAMATION LAWS IN INDIA: BALANCING FREE SPEECH AND REPUTATION

Defamation laws in India balance free speech and reputation. Article 19(1)(a) guarantees expression, while Article 19(2) allows restrictions, including defamation. The Supreme Court upheld criminal defamation under Article 21, but judges now urge decriminalization to curb misuse and protect dissent.

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Social Media Regulation: Challenges and Way Forward

The digital age has revolutionized communication, commerce, and public discourse, but also brought challenges like misinformation, hate speech, and data privacy. India's social media regulation, governed by the Information Technology Act, 2000, has been amended to introduce accountability and self-regulation. The Nepal incident underline the global challenge of creating effective, proportionate, and respectful regulatory frameworks.

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Regulating Speech On Digital Platforms: Challenges and Way Forward

The Supreme Court has proposed new guidelines to regulate commercial speech on digital platforms, aiming to balance constitutional rights with protecting vulnerable groups and ensuring digital accountability. The directive aims to differentiate between free speech and harmful content, holding platforms and creators accountable while upholding a free and open digital society.

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