Piattaforme digitali e comunicazione politica tra regole ordinarie e disciplina elettorale: sviluppi della libertà di espressione in India

Abstract

Abstract: The essay analyzes the contemporary regulation of freedom of expression in India with particular attention to the digital sphere and electoral communication. While the constitutional framework of Article 19(1) provides the background, the focus is on recent regulatory developments. Central to the analysis are the Information Technology Act and, above all, the IT Rules 2021, which impose strict obligations on intermediaries, digital media and OTT platforms, creating new mechanisms of governmental oversight. A central role is played by the Indian Election Commission, a key regulator entrusted with supervising online campaigning and ensuring electoral fairness. The essay explores the normative responses to emerging phenomena such as deepfakes, the activity of influencers in political campaigns, paid advertising on digital platforms and the controversial practice of “paid news.” A dedicated section addresses the pervasive use of messaging services – particularly WhatsApp – as primary tools of political mobilization and disinformation. Considerable attention is paid as well to judicial review, pending cases before the Supreme Court and the role of jurisprudence in shaping the limits of state intervention. Finally, the analysis covers the use of official social media accounts by public office holders, who are simultaneously political figures. Overall, the paper identifies patterns of both convergence and divergence between State control and free expression, between innovation and accountability and between transparency and manipulation of the digital public sphere.

Keywords: India; Freedom of expression; Social regulation; Political communication; Digital sovereignty