Viral Speech, Virtual Harm: Online Defamation and the Struggle Between Free Expression and Reputation in the Social Media Age
Aarushi Aggarwal
Aarushi Aggarwal, Viral Speech, Virtual Harm: Online Defamation and the Struggle Between Free Expression and Reputation in the Social Media Age, Vol. 12 Iss 1, IJSLR (2026)
Abstract
The expansion of social media platforms has transformed the way information is created and shared, enabling instant communication across the globe. While this has strengthened democratic participation and accountability, it has also increased the risk of misinformation and reputational harm. In the digital environment, defamatory content can spread rapidly and remain accessible indefinitely, making its impact more severe than in traditional forms of communication. This paper examines the growing issue of online defamation and its implications in the context of Indian law. It focuses on the tension between the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India and the protection of reputation as a legitimate restriction under Article 19(2). The study analyses how existing defamation laws apply to online communication and considers key judicial developments, including the decision in Shreya Singhal v. Union of India. Through a doctrinal approach, the paper highlights the challenges of regulating speech in a borderless digital space where content can be created and shared within seconds. It concludes by suggesting reforms aimed at achieving a balanced framework that protects both free expression and individual reputation.
Keywords
Online Defamation, Freedom of Speech and Expression, Social Media Regulation, Intermediary Liability, Digital Misinformation
