Digital Media Platforms and Intermediary Liability in India: Navigating the Constitutional Balance Between Free Expression and Content Governance

ABSTRACT

The evolution of digital media platforms in India presents unprecedented challenges to traditional notions of intermediary liability, freedom of expression, and constitutional governance. This article examines the complex legal framework governing digital platforms under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, analysing their constitutional validity and practical implementation. Through comprehensive examination of recent judicial decisions, including the Bombay High Court’s landmark ruling striking down the Fact Check Unit provisions, this study explores how platform liability regulations intersect with fundamental rights under Articles 19 and 21 of the Indian Constitution. The research reveals critical tensions between state authority to regulate digital spaces and constitutional protections for free speech, particularly in the context of algorithmic content moderation and government oversight mechanisms. This analysis provides essential insights for legal practitioners, policymakers, and journalists covering digital rights litigation, offering practical guidance for navigating India’s evolving platform governance landscape while maintaining constitutional compliance