Tag: Freedom of Speech
November 6, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Criminal Cases Cannot be Filed Against Journalists Mere...
The Supreme Court of India (the "Supreme Court") passed two interim orders in October 2024, both of which ruled in favour of journalists against whom FIRs have been filed. In both instances, the FIRs were registered against the journalists for writing articles, alleging that the Uttar Pradesh Government favours individuals from certain castes for their appointment to administrative posts. ......
April 3, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Freedom of Speech Essential for Media Platforms: Suprem...
On March 22, 2024, a 3 (three) judge bench of the Supreme Court passed an order reiterating the importance of freedom of speech and expression, granted by Article 19(1)(a) of the Constitution of India, in relation to articles published by media platforms. ...
October 5, 2022
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Out of Public Order: A Study on the Law of Reasonable R...
The Ministry of Information & Broadcasting (“MIB”) reportedly directed the online video-sharing platform, YouTube to remove 45 videos from 10 channels hosted on its website on September 23, 2022 under the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”). ......
May 5, 2021
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
How Incumbent is Section 124A of the Indian Penal Code?...
The law should not be used in a manner that has chilling effects on the ‘freedom of speech and expression’, observed the Supreme Court of India in S. Khushboo v. Kanniammal . Based on the same rationale, a petition has been filed by journalists Kishorechandra Wangkemcha and Kanhaiya Lal Shukla (“Petitioners”), for challenging Section 124A of the Indian Penal Code, 1860 (“IPC”) which penalises the crime of ‘sedition’ (“Petition”). ......
Navigating Share Transfer Restrictions in Shareholders’ Agreements
Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.
The Infringer’s Burden in Process Patent Suits in India
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.
NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...
The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.
Can a Trade Mark be opposed in India before it is Advertised for Opposition?
In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?
Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...
In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").
A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act
On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.
Guide to the 13th Nice Classification (2025-26) for Trademarks in India
The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.
A Stitch in Time: Quia Timet and Trademarks in India
Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.
May or Shall: A Curious Case of usage in Arbitration Clauses
In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...
E-Acceptance of Arbitration Agreements: Valid under Law?
The emergence of digital platforms catering to instant communication has transformed the structure and form in which business transactions are negotiated between the parties.
English
Chinese (Simplified)
Japanese