ANALYSIS OF INDIA’S INTERNET CENSORSHIP MEASURES IN LIGHT OF AMERICAN CONSTITUTIONALISM

Abstract

The article focuses on the freedom of speech on the internet in India and its comparison with the principles of the American Constitution. It explains the importance of free speech in the American constitutional context and also how foreign judgments and doctrines can help fill gaps in the Indian judicial thought process. This paper specifically concentrates on the new Intermediary Guidelines in India and their implications on free speech and the importance of judicial scrutiny. The article focuses on the need to safeguard the forums for public debate, especially the internet which is very accessible to the general public and utilised on a daily basis for this purpose, while addressing some of the concerns that arise from its misuse such as fake news, slander, and invasion of privacy. In this article, the author analyses the IT Rules and then calls for their revision based on the principles of democracy. It also gives an insight into the possible impact on freedom of speech because of ambiguous rules and increased self-regulation and censorship by the intermediaries. Finally, the article calls for moderation in the freedom of speech and the need to regulate it, with lessons from American constitutionalism to improve India’s constitutional objectives.