Legitimacy of fake news regulations on touchstone of freedom of speech and expression: a comparative study of Singapore and India

Abstract

Around the world, fake news is becoming a more complex phenomenon based on emerging techniques of deception. Regulating fake news on social media platforms is a new challenge for authorities as it collides with the freedom of speech guaranteed by the constitution. Through judicial review, the courts test the validity of fake news regulations on the touchstone of freedom of speech and expression. Based on the above remarks, the authors of the present paper compare two vital cases challenging the constitutionality of ‘Protection from Online Falsehood and Manipulation Act, 2019’ in Singapore and ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021’ in India. The proposal is a case study of India and Singapore, where the constitutionality of fake news regulations has been tested on the touchstone of freedom of speech and expression in times of COVID.