TRUTH ON TRIAL: BALANCING FREE SPEECH AND STATE REGULATION OF ONLINE MISINFORMATION IN DEMOCRATIC SOCIETIES

Abstract

The exponential growth of digital platforms has transformed the architecture of public discourse, enabling unprecedented access to information while simultaneously facilitating the rapid spread of misinformation. Democratic states increasingly face the challenge of regulating online misinformation without undermining the constitutional guarantee of freedom of speech and expression. This paper examines the legal tensions arising from state interventions aimed at combating misinformation, particularly in the context of public order, electoral integrity, and public health. Through a doctrinal analysis of constitutional free speech jurisprudence, statutory regulatory mechanisms, and comparative democratic practices, the study evaluates the legitimacy and limits of state regulation of online content. The paper argues that vague and overbroad regulatory measures risk chilling legitimate expression and democratic dissent. It contends that a constitutionally compliant framework must be grounded in necessity, proportionality, procedural safeguards, and institutional accountability to ensure that truth-seeking does not become a pretext for censorship.