BETWEEN LIBERTY AND LIABILITY: SECTION 66A 2.0, REIMAGINING FOR THE DIGITAL FREE SPEECH BOUNDARIES

AUTHOR – MR. PRATEEK DUBEY* & MR. ADITYA CHANDRAKANT GHUGE**

* (B.TECH, LL.B, MSW*), SENIOR TECHNICAL SPECIALIST AT UNIVERSITY OF LUCKNOW
** (B.TECH, LL.M, MBA, MSW*, PHD*), CYBER LAW EXPERT AT MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

BEST CITATION – MR. PRATEEK DUBEY & MR. ADITYA CHANDRAKANT GHUGE, BETWEEN LIBERTY AND LIABILITY: SECTION 66A 2.0, REIMAGINING FOR THE DIGITAL FREE SPEECH BOUNDARIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 317-324, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In 2015, India’s Supreme Court nullified Section 66A of the Information Technology Act, 2000 due to its problematic ambiguity and disproportionately restrictive nature on free speech. Almost ten years later, India has entered an era marred by technologically exacerbated harms such as AI deepfakes, voice scams, highly orchestrated hate campaigns, and even psychological cyberbullying. This paper claims that the need for a constitutionally compliant cyber speech regulation framework is urgent. Addressing current challenges and global best practices alongside the legal void, the paper seeks to propose an amended Section 66A that upholds constitutional liberties alongside digital dignity, neutralism, foresight, and technological anticipation.