Legal Responses to disinformation and free speech

Abstract

Disinformation is false information that is intentionally shared to mislead or cause harm. While not a new issue, disinformation has become a cause of concern in this digital age, since social media has enabled individuals to spread messages faster and with a wider reach. The economic model of social media intermediaries prioritises sensationalised content and emotionally charged information, accentuating the problem of misinformation and disinformation. In the Global Risks Report 2024, the World Economic Forum placed misinformation and disinformation as the top risk before the world. This dissertation analyses how the Indian legal framework addresses the problem of misinformation and disinformation on social media. Focusing on the following three legal measures under the Information Technology, Act, 2000 and the Telecommunications Act, 2023: (a) blocking and takedown requests, (b) internet shutdowns and (c) fact check unit, this dissertation further analyses the effect of these legal measures on citizens’ fundamental right to freedom of speech and expression under Article 19(1)(a) read with Article 19(2).