RIGHT TO PRIVACY VS. FREEDOM OF EXPRESSION: STRIKING A DELICATE BALANCE IN THE DIGITAL AGE

The era of information technology and digitalization has further amplified the clash between these two basic freedoms, privacy and freedom of expression, essential for ensuring human dignity and democracy. The present study aims to analyze the theoretical foundations of these fundamental freedoms with reference to works of Warren and Brandeis; John Stuart Mill's harm principle; and Indian case laws, including the judgment of the Supreme Court of India in K.S. Puttaswamy v. Union of India, 2017. A comparison between international regimes and laws governing these two rights – US First Amendment, the proportionality principle in Europe, and the GDPR—along with important cases like Von Hannover v. Germany, Campbell v. Mirror Group Newspapers, and R. Rajagopal v. State of Tamil Nadu is undertaken. The discussion also includes contemporary issues like doxxing, revenge pornography, deepfakes, surveillance technologies, data-driven business models, and the 'right to be forgotten'. The paper supports balanced approaches, such as proportionality test and public interest consideration, among others. In conclusion, the study suggests that the two rights discussed above are complementary rather than contradictory and need to be protected harmoniously in order to maintain individual autonomy and democratic values in the information era.