Digital Speech Controversies & Legal Implications

   A Blog by                                               

   GAURAV RAJ BHAGAT

  Advocate

  High Court, M.P 

1. Understanding Digital Speech

In today’s interconnected world, digital speech refers to the expression of thoughts, opinions, beliefs, and emotions through digital platforms like social media (Instagram, X/Twitter, Facebook), blogs, forums, and messaging apps. It is a modern extension of the constitutional right to freedom of speech and expression.

Digital speech plays a vital role in shaping public opinion, promoting activism, and enabling free discourse. However, when unregulated or misused, it can also trigger legal challenges, hate speech allegations, and even criminal liability.

2. Overview of Recent Digital Speech Controversies in India

India has witnessed multiple high-profile cases involving digital speech:

🔹 West Bengal

• Sharmistha Panoli, a law student and influencer, was arrested in May 2025 for a social media post allegedly hurting religious sentiments. The Calcutta High Court denied her bail, stating that freedom of speech does not protect offensive statements.

🔹 Assam

• Wazahat Khan Qadri Rashidi was booked for making derogatory remarks against Hindu deities, including Goddess Kamakhya, on social media.

🔹 Maharashtra

• Ranjit Kasale, a former police officer, was booked for posting defamatory content targeting CM Devendra Fadnavis.

🔹 Karnataka

• Actor and activist Chetan Kumar was arrested for tweets criticizing Hindutva ideology. His OCI card was later revoked.

🔹 Telangana

• Journalists from Pulse News were arrested for publishing content against the state’s Chief Minister.

🔹 Assam (again)

• Journalist Dilwar Hussain Mozumder faced multiple arrests for reporting on alleged corruption.

3. Key Considerations Before Posting on Social Media

• Verify facts before sharing or commenting.

• Avoid content that targets communities or religions.

• Respect others’ privacy and dignity.

• Steer clear of hate speech or inflammatory language.

• Think about how your post could be interpreted by others.

4. Laws Governing Digital Speech Violations in India

Several laws apply to digital speech:

• IT Act, 2000: Sections 66 and 67 deal with offensive or obscene content.

• IPC Sections:

  • 295A – Offending religious sentiments

  • 499 & 500 – Defamation

  • 505 – Statements causing public mischief

• Section 69A IT Act: Government can block access to harmful content.

• Digital Media Ethics Code, 2021: Regulates content on social media and digital news platforms.

5. Rights Provided by Law Concerning Digital Speech

The Indian Constitution under Article 19(1)(a) grants the freedom of speech and expression to every citizen. This includes the right to express ideas digitally. However, it comes with reasonable restrictions under Article 19(2) to safeguard public order, morality, and national security.

6. The Government’s Role in Regulating Digital Speech

The government ensures that digital speech does not:

• Incite violence

• Promote enmity among groups

• Spread misinformation

• Harm national integrity

It has the power to issue takedown notices, initiate legal action, or block websites or posts under various legal provisions.

7. Governmental Powers to Prevent Digital Speech Controversies

• Blocking content: Under Section 69A of the IT Act

• Monitoring: Through agencies and nodal officers for cyber complaints

• Directing intermediaries: Like Twitter, Meta, and Google to take down content

• Initiating legal action: Including arrests and prosecution under IPC and IT Act

8. Youth Rights for Protection Against Arbitrary Control Over Digital Speech

• Right to legal remedy: Approach courts for protection against unlawful arrest.

• Right to express dissent: Peaceful criticism of government or policy is protected.

• Right to privacy: Guaranteed under Article 21.

• Right to be heard: Especially in bail and defamation-related proceedings.

9. Essential Dos and Don’ts for Youth Expressing Themselves Digitally

✅ Do’s

• Fact-check before posting

• Use respectful language

• Be aware of laws and platform guidelines

• Preserve screenshots of your posts and others’ if needed as evidence

❌ Don’ts

• Don’t spread hate speech or fake news

• Don’t engage in personal attacks or defamation

• Don’t impersonate others or create fake accounts

• Don’t post anything you wouldn’t say publicly

10. Conclusion

Digital speech is a double-edged sword—while it empowers voices and fuels innovation, it also carries legal and ethical responsibilities. As citizens of a democratic country, especially youth, we must strike a balance between free expression and lawful behavior. Understanding the legal landscape and being mindful online can prevent you from becoming entangled in digital speech controversies.

In an era where a tweet can land someone in court, digital literacy is not just important—it’s essential.