REGULATION OF ONLINE CONTENT PLATFORMS IN INDIA: BALANCING FREEDOM OF SPEECH AND REGULATION

AUTHOR – E.A.VIDHYABHARATHI, ASSISTANT PROFESSOR OF LAW AT KMC COLLEGE OF LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – E.A.VIDHYABHARATHI, REGULATION OF ONLINE CONTENT PLATFORMS IN INDIA: BALANCING FREEDOM OF SPEECH AND REGULATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 385-396, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The regulation of online content platforms in India has become increasingly urgent amidst the rapid expansion of digital media. The introduction of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, signifies a pivotal step in addressing prevalent concerns such as misinformation, hate speech, and user privacy within the digital realm. These regulations aim to delicately balance the protection of freedom of speech with the imperative for accountability in managing online content. However, their implementation has sparked vigorous debates and raised critical questions about their potential impact on broader freedoms of expression in the digital age.

Central to this regulatory framework is the Information Technology Act, 2000, which underwent amendments to incorporate the comprehensive IT Rules, 2021. These rules impose substantial responsibilities on intermediaries, including social media platforms and digital media publishers. The Supreme Court’s rulings have consistently upheld the fundamental right to freedom of speech and expression while acknowledging the state’s authority to impose reasonable restrictions in the interest of public order, morality, and national security.

Despite the intended benefits of the IT Rules, 2021, their implementation has encountered multifaceted challenges. Critics argue that stringent content moderation requirements could inadvertently suppress diverse viewpoints and dissenting opinions on online platforms, potentially leading to censorship and stifling innovation. Moreover, smaller intermediaries and start-ups face significant hurdles in complying with the intricate regulatory framework, posing operational complexities and financial burdens. There is a growing consensus among stakeholders for clearer guidelines, transparent decision-making processes, and robust mechanisms for accountability to prevent potential misuse of regulatory powers. In navigating these challenges, India must prioritize transparency, stakeholder engagement, and continuous dialogue to ensure that its regulatory framework promotes responsible online behaviour while upholding fundamental rights in the digital age.

Keywords: Online content platforms, regulation, Information Technology Act, freedom of speech, digital media ethics