Right to freedom of speech and expression
Introduction
Article 19(a) of the Indian Constitution guarantees all citizens the right to freedom of speech and expression. The preamble to the Indian constitution also provides its citizens the liberty of thought and expression. However, this right is not an absolute one, and Article 19 (2) lists the restrictions that can be imposed on the exercise of this right. This right implies that all citizens have the right to express their reviews and opinions freely.
According to Article 19(1)(a), All citizens have the right to freedom of speech and expression.
Key Aspects of Freedom of Speech and Expression:
- Freedom to Express Opinions – People can voice their thoughts through speech, writing, art, media, or other forms of communication.
- Right to Information – Citizens have the right to access information, especially regarding government decisions and policies.
- Freedom of the Press – The media plays a crucial role in democracy by reporting on issues without undue restrictions.
- Right to Protest – Peaceful protests and demonstrations are an essential part of free expression.
- Artistic and Creative Expression – Writers, artists, and performers have the right to express themselves freely.
Restrictions on Article 19(a)
Sovereignty and integrity of India
After two centuries of colonial rule, India gained its sovereignty and established itself as an independent state, fully responsible for its internal affairs. Therefore, citizens have been restricted from making statements that could undermine this hard-earned sovereignty and damage the integrity of the nation. This restriction was introduced in 1963 through the Constitution (Sixteenth Amendment) Act, which imposed limitations on individuals or groups inciting secessionist movements within the country.
Security of state
The government has the right to deny the freedom of speech and expression to protect the security of the state. However, the threats against security must be aggregated to try to public order such as rebellion, insurrection, waging war against the state, etc.
To maintain friendly relations with foreign states
In a globalized world marked by unequal power dynamics, maintaining positive relationships with neighboring countries and others is crucial. Therefore, if an individual’s freedom of speech and expression threatens to disrupt these relations or harm the country’s international standing, it may be restricted. This is important to prevent malicious actions that could jeopardize the nation’s reputation.
Defamation
Freedom of speech and expression does not grant the right to defame. The primary limitation on the right to freedom of speech and expression regarding defamation is that it does not allow individuals to make fall statements that harm another person
reputation, meaning you cannot use your right to free speech to defame someone through libel or slander this is considered a legal restriction to protect individual reputations and is typically codified under defamation laws in most jurisdictions. False statements, libel, or slander may be legally restricted to prevent harm to an individual’s reputation. In India, Defamation is a serious crime and is defined under Section 499 and Section 500 of the IPC.
Contempt of court
If an expression disguised under the guise of freedom of speech exceeds the boundaries of logical and rational discourse and amounts to contempt of court, it can be restricted. The term “contempt of court” is defined under the Contempt of Courts Act of 1971 as follows: Contempt of court can be categorized as either “civil contempt” or “criminal contempt” according to Section 2 of the Act. “Civil contempt” refers to willful disobedience to a court’s decree, judgment, order, directive, writ, or any other process or the intentional violation of any direction issued by a court. “Criminal contempt” involves the publication of any material or conduct, whether through spoken or written words, signs, visible representations, or otherwise, that:
- Undermines or attempts to undermine the authority of any Court,
- Prejudices, obstructs, or seeks to impede the due process of justice, or
- Interferes with or obstructs the administration of justice in any other manner.
- However, honest reporting and dissemination of any matter, publishing an
unbiased report of court proceedings, legitimate criticism of judicial actions, grievances against judicial officers made in good faith, and the publication of reasonable information regarding in-camera or private court hearings are not considered contempt of court.
Morality or decency
The terms “morality” and “decency” have a wide range of meanings. For the sake of decency and morality, Sections 292-294 of the Indian Penal Code offer examples of limits on freedom of speech and expression. Obscenity is described as “against modesty or decency; vulgar, dirty, and disgusting” in India. It said that the “test of obscenity” is whether a publication, when examined in its entirety, can debase and morally corrupt those whose brains are vulnerable to such immoral consequences and that each piece must be evaluated independently. 7. Incitement to an offence
In 1952, the Constitution (First Amendment) Act was made to include this ground as well. The right to free speech doesn’t imply the right to urge people to indulge in criminal activity. The constitutional term ‘offense’ is not defined. As per the General Clauses Act, an “offense” is “any act or omission made penal by any legislation in force at the time.” The Court must evaluate whether or not there was incitement based on the evidence and context of each instance.
