Horizontal Rights in the Digital Space

In this piece we look at the impact of Supreme Court’s judgment in Kaushal Kishore v State of Uttar Pradesh. The judgment, in stating that the freedom of speech could be exercised against persons as well, expands from its earlier applicability to the State and its instrumentalities. The horizontal application of this right, allowed for through this judgment, raises several questions, especially in the context of the digital sphere, where it changes the relationship between social media intermediaries and users: how this right may be exercised online, and consequently, the duties and responsibilities that stakeholders may need to take on.

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