Analysis of India’s Internet Censorship Measures in light of American Constitutionalism

Esha Aggarwal scrutinises the lacunae in the new IT Rules. It highlights the significance of free speech within the American constitutional framework and how foreign judgments and doctrines can fill gaps in Indian judicial thinking. The paper focuses on India’s new Intermediary Guidelines and their implications for free speech, emphasising the importance of judicial scrutiny. It underscores the need to protect public debate forums, particularly the internet, which is widely accessible and used daily while addressing issues like fake news, slander, and privacy invasion. The author analyses the IT Rules, advocating for their revision based on democratic principles. The article explores the potential impact of ambiguous rules and increased self-regulation and censorship by intermediaries on freedom of speech.

CALJ Volume VIII Issue II_Esha Aggarwal

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