Judicial Activism in the Age of Digital Art: Legal Boundaries for Online Expression

Abstract

In the digital age, the rapid proliferation of online platforms and digital art has redefined the boundaries of creative expression and legal regulation. This paper explores the role of judicial activism in addressing the unique challenges posed by digital art in online spaces. It examines how courts have navigated issues such as intellectual property rights, content moderation, freedom of expression, and platform accountability. Through an analysis of significant case law and judicial decisions, the study illustrates how activism by the judiciary has shaped emerging norms to balance artistic innovation with legal protections. It also considers the implications of these judicial interventions on digital creators, platforms, and users. The paper concludes by discussing the need for a cohesive legal framework that accommodates evolving digital art practices while safeguarding fundamental rights, emphasizing the judiciary's pivotal role in bridging gaps in the law.