45. Digital Media Content: Policies, Constitutions and Laws Across Countries

Article 19 of Universal Declaration of Human Rights says that everybody has the right to expression including freedom to hold opinions without interference and freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. Democratic countries have incorporated this right in their constitutional and legal framework but with reasonable restrictions. Like any other media platform, internet-based digital media also enjoys freedom of expression but with too many regulations prescribing multiple levels of restrictions/limitations not only within the four walls of a country but with international ramifications. When an individual is exercising her/his right to speech and expression on any digital platform, laws like Contempt of Court [covered in Indian Constitution under Article 19(2) and an Act of Parliament], Defamation [covered in India under criminal law as also in Indian Constitution], decency and morality [covered in Indian Constitution under Article 19(2) and various provisions of Indian Penal Code] come handy in the hands of the state. Sedition as a criminal law in India, Iran, Turkey, Malaysia and a handful of countries also curbs freedom of expression on digital platforms. Besides the laws of general application, South Asian countries have framed laws specific to information technology covering the entire gamut of software and applications, digital media and social media, internet service providing companies and content generators, cyber-crime and electronic commerce, pornography and voyeurism. Amendments and additions keep happening in these laws from time to time. For instance, Intermediary Guidelines and Digital Media Ethics Code/Rules (2021) have been added in Indian Information Technology Act.