ENSURING RIGHT TO FREEDOM OF SPEECH AND EXPRESSION ON CYBER SPACE AS AGAINST STATE INTERVENTION - INDIAN EXPERIENCE

Authors

  • Nagarathna Annappa National Law School of India University, Bengaluru

DOI:

https://doi.org/10.25192/issn.1982-0496.rdfd.v26i12123

Abstract

While Internet has been extremely advantageous in connecting people and providing a platform for expression of  one’s views and opinions, on the other hand it has even at times lead to abuse of this platform by some necessitating legal regulation. Freedom of speech and expression being a fundamental right is legally enforceable even against the State and its agencies but the same can be legally restricted under certain ‘reasonable grounds’. This paper aims to analyse the existing law framework in this regard, with the object of identifying legal provisions which on one hand protects freedom of speech and expression on cyber space and on the other hand, the legal restrictions imposed for such freedom. Though the paper makes a brief assessment of the concerned legal aspect from international perspective in brief, it focuses largely on Indian law framework in this regard.

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Author Biography

Nagarathna Annappa , National Law School of India University, Bengaluru

Dr. Nagarathna Annappa, is a Gold Medalist, BA.LL.B. (1999) securing 5 gold mediadls, Bangalore University. Having completed her Ph. D., in Medical Negligence Laws she is currently pursuing her Post Doctorate study on “Cyber Crime Investigation and Prosecution” from NLSIU, Bengaluru. She has qualified UGC-NET for Lectureship and was awarded UGC-Junior Research Fellowship, in 2002. She is teaching law since 2001. She was a “International Visitor Leadership Program” [IVLP] Fellow of the "Linking Digital Policy to Cybercrime Law Enforcement”, US Consulate Office, 2017. She was also a Fellow, Shastri Indo-Canadian Fellowship, Shastri Mobility Programme, 2017-18 and was also a fellow at the ASLI [Asian Law Institute], National University of Singapore Visiting - Research Fellowship Award, 2012.  She visited Sorbonne University, Paris on 15 and 16 of December, 2016 for the 2 day Euro-Indian Research Seminar conducted by the Institut de Recherche Juridique de la, Sorbonne and presented a research paper on ““Cyber Laws of India with emphasis on Data Protection.” She has contributed to the State’s policies and practices of India in many capacities. She has edited 6 books on Cyber laws and has authored chapters on Cyber Crime laws. She has published books, several articles and contributed chapters to various international and national books. She is a Life Member, Indian Society of Criminology, India and of South Asian Society of Criminology & Victimology, India. She is also a Member, All India Law Teachers Congress [AILTC], India.

Published

29-04-2021

How to Cite

Annappa , N. (2021). ENSURING RIGHT TO FREEDOM OF SPEECH AND EXPRESSION ON CYBER SPACE AS AGAINST STATE INTERVENTION - INDIAN EXPERIENCE. Revista Direitos Fundamentais & Democracia, 26(1), 119–134. https://doi.org/10.25192/issn.1982-0496.rdfd.v26i12123