| ISSN: 2583-4371 | ISSN: 2583-4371JOURNAL ARTICLE
Keywords: Constitutional Rights, Digital Platforms, Constitutional Jurisprudence, Technological Innovation.
Abstract: The rapid expansion of digital technologies has fundamentally transformed the legal landscape governing privacy and the use of copyrighted content in India. This paper examines the evolution of privacy rights in the digital age alongside the growing relevance of the doctrine of fair use in digital content. It traces the judicial development of privacy from a limited common law concept to its recognition as a fundamental right under the Constitution, highlighting the challenges posed by digital surveillance, data collection, and platform-based governance. The study also analyses the role of fair use (fair dealing) in facilitating online creativity, education, journalism, and transformative expression, while preventing excessive control over digital content. By critically evaluating judicial interpretations and existing regulatory frameworks prior to comprehensive legislative reform, the paper argues that privacy protection and fair use are complementary pillars of a rights-based digital ecosystem. It concludes that coherent legal reform, institutional accountability, and user awareness are essential to align digital governance with constitutional morality, democratic values, and social justice in India.
Article Info: Received: 20 Jan 2023, Received in revised form: 17 Feb 2023, Accepted: 21 Feb 2023, Available online: 25 Feb 2023
DOI: 10.22161/ijtle.2.1.6
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