Constitutional Regulation of Digital and Traditional Media: Scope of Article 19(2)

ABSTRACT
The "freedom of speech and expression" guaranteed by Article 19(1)(a)The Constitution of India is one of the pillars of the democratic government, and the media is a vital tool for making people accountable and disseminating information. But this "freedom" is not unlimited and subject to the reasonable restrictions specified in Article 19(2) Although restrictions to media freedom were formulated with the context of print media and direct state censorship, the advent of digital media outlets, fact checkers and intermediaries by governments, internet shutdowns, algorithmic content filters, and online fact checking mechanisms have drastically altered the form and nature of the restrictions on media freedom. In this paper, the evolution of judicial understanding on “reasonable restrictions” under Article 19(2) and the fit of the current constitutional concepts for contemporary digital governance issues is critically assessed. The paper utilizes both doctrinal and comparative legal research methods to analyses constitutional precedents such as Romesh Thapar v. State of Madras, Shreya Singhal v. Union of India, In the paper it is argued that today's methods of media regulation are shifting to indirect and technologically mediated ways of control that do not fall under traditional judicial review, making the need for a more comprehensive system, based on the principle of proportionality, transparency and safeguards in the proper conduct of the processes, especially so important to defend constitutional freedoms in the digital age.