This constitutional analysis examines the impact of the Apex Court decision in Kaushal Kishore v. State of Uttar Pradesh on India’s fundamental rights framework, particularly freedom of speech & expression. Fundamental rights in India have typically operated under a vertical paradigm, being wholly enforced against actions by the State & its instruments with private entities remaining largely immune from enforceability mechanisms being utilised against their actions. The judgement in Kaushal Kishore fundamentally altered this notion by allowing enforceability of certain fundamental rights, particularly Art 19(1)(a) and Article 21 against non-state actors particularly in their performance of duties that were historically a fiefdom of the State. This ruling had fundamental implications for our digital landscape, allowing horizontal application of rights recognising the enormous control and oversight social media and the larger mediascape had on public discourse which effectively allowed them to function in a quasi-state capacity mandating constitutional oversight.