FEB 13,2026.
The digital era has changed how people communicate, debate, and engage in democracy.
From social media to online journalism and digital forums, expression spreads quickly across borders. In India, Article 19(1)(a) of the Constitution guarantees the right to freedom of speech and expression. However, this right is fundamental but not absolute. It exists within constitutional limits that aim to balance freedom with public order.
For students at a respected law college in Kerala, grasping the constitutional framework governing digital speech is vital in today’s changing legal landscape.
Article 19(1)(a) grants to all citizens freedom of expression by word, writing, printing, art, and other forms. It covers the freedom to publish, criticise, discuss, and receive information. Once again, Article 19(2) grants the State power under which reasonable restrictions in the interest of comes into play:
The internet has increased democratic participation but has also brought risks like fake news, online harassment, and hate speech. The Supreme Court addressed digital free speech in the landmark case Shreya Singhal v. Union of India.
In this case, the Court struck down Section 66A of the Information Technology Act, 2000, calling it vague and unconstitutional. The Court noted that unclear terms such as “grossly offensive” could chill online speech and lead to arbitrary arrests. The ruling confirmed that freedom of speech applies equally online. However, the Court upheld Section 69A of the IT Act, which allows blocking online content with certain procedural safeguards. This decision shows that while digital speech is protected, regulation is allowed within constitutional limits. Such landmark cases are widely studied in institutions recognized as the best law college in Kerala, where students explore the intersection of constitutional law and technology.
In recent case law, the principle of proportionality has gained importance. Any speech restriction must:
The digital landscape raises complex legal questions, including: