GS Paper | General Studies Paper II |
Topics for UPSC Prelims | Romesh Thapar vs. State of Madras (1950), Shreya Singhal vs. Union of India (2015), Freedom of Speech and Expression, Sedition, Hate Speech, Defamation, Information Technology Act, 2000, Contempt of Courts Act, 1971, Press Council of India, Central Board of Film Certification (CBFC) |
Topics for UPSC Mains | Importance of Freedom of Speech in a democracy, Role of media in a democracy, Sedition Law and its misuse, UNHRC, Right to Privacy vs. Freedom of Speech, Freedom of Press, Measures to protect and enhance Freedom of Speech |
Freedom of speech and expression is the backbone of any democracy. It allows every citizen to express opinions freely without any restrictions imposed. Article 19 of the Indian Constitution provides this right as a fundamental right to all citizens. It ensures liberty of thought, belief, and opinion. Yet, this freedom is not absolute. It is subject to reasonable restrictions for maintaining social order and national integrity. Freedom of speech empowers citizens to hold those in power accountable.
Right to Freedom of Speech & Expression (Article 19) is one of the most important topics for the UPSC IAS exam. It covers a significant part of the polity subject in the General Studies Paper-2 syllabus and for UPSC prelims. In this article, we will understand freedom of speech, as mentioned in article 19.
What is Article 19(1)(a) - Right to Freedom of Speech and Expression?
Article 19(1)(a) of the Indian Constitution guarantees all citizens the fundamental right of freedom of speech and expression. Some key points regarding this right are: It includes the right to express views and opinions through various means. Citizens have the freedom to impart and receive information through any media. The freedom of the press is an essential part of this. It ensures the dissemination of information and opinions widely. This right also implies the freedom not to speak. No one can be forced to speak or express opinions against their will.
Freedom of speech is a fundamental right, but it is subject to reasonable restrictions under Article 19(2). This is for the sake of sovereignty, public order, decency, etc. The SC has held that freedom of speech includes the right to take part in sports, hoist the national flag, and access information. Social media platforms are also covered under this right. However, hate speech and other unlawful content is not allowed. Restrictions are imposed on certain forms of expression. This includes obscenity, defamation, and contempt of court.
Origin of Free Speech and Expression
The concept of free speech and expression as a fundamental right has a rich historical background. It can be traced back to significant documents, including the English Bill of Rights (1689). It is also enshrined in the French Declaration of the Rights of Man and of the Citizen (1789). Furthermore, the United Nations' Universal Declaration of Human Rights (1948) recognizes it as an inalienable right. The French Declaration's Article 11 emphasizes the value of the free exchange of ideas and opinions, allowing citizens to speak, write, and publish freely. The UDHR's Article 19 acknowledges freedom of expression and opinion as a fundamental human right. The International Covenant on Civil and Political Rights also upholds freedom of speech.
In India, the constitution's Article 19(1)(a) guarantees all citizens freedom of speech and expression. The preamble highlights the objective of providing liberty of thought and expression. However, this freedom is subject to "reasonable restrictions" under Article 19(2) for reasons like sovereign integrity and public order. Free speech's essence lies in the ability to think, speak, and access information without fearing government repercussions. It empowers citizens to question the government, critique policies, and hold those in power accountable. Ultimately, this strengthens democracy by fostering open public discourse.
Know more about the World Press Freedom Index!
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Meaning and Scope of Article 19(1)(a)
According to Article 19(1)(a), all citizens can freely express their thoughts. This right includes the freedom to express views through any medium. This includes words, writing, pictures, gestures, signs, etc. It also covers press freedom since the dissemination of information is involved. The free flow of information and exchange of ideas is essential. This can happen through platforms and the press. The circulation of information is as important as publishing it. If not published, the material would be worthless. Thus, the right to freedom of speech includes the ability to spread not just one's own ideas but also the ideas of others. It encompasses the freedom to publish the views of others. Without this, there would be no press freedom.
Freedom of expression serves several purposes:
- It helps individuals achieve self-fulfillment.
- It aids the pursuit of truth and knowledge.
- It improves people's ability to make informed decisions.
- It creates a balance between stability and societal change.
- All members of society are free to form and share their own beliefs.
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Importance of Freedom of Speech
This right is available solely to Indian citizens and not to foreign nationals. Only Indian citizens have the right to free speech and expression.
- It is guaranteed not only by the Indian constitution but also by many international treaties, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
- It encompasses the freedom of the press, the freedom of commercial speech, the right to broadcast, the right to information, the right to criticise, the right to express oneself outside national limits, the right not to speak, or the right to quiet. This right is subject to reasonable limitations as mentioned in Article 19 (2) and clarified and declared by several Supreme Court decisions.
- Public order is distinct from Law and order as a premise for acceptable limitation. 6. The right to information, a key legislation, is the consequence of a series of progressive court decisions concerning Article 19 (1). (a).
- It is fundamental to a healthy, open-minded, and vibrant democracy.
- According to Article 19(1)(a), freedom of expression includes the right to express one’s ideas and opinions on any matter using any medium, such as word of mouth, writing, printing, image, film, movie, and so on.
- This is not an absolute right. It empowers the government to pass laws that impose reasonable constraints in the interests of India’s sovereignty and integrity, security, cordial relations with other governments, public order, decency, morality, contempt of court, defamation, and incitement to an offense.
Know more about the Right to Freedom of Religion!
Restrictions on the Right to Freedom of Speech and Expression
The freedom of speech and expression is subject to reasonable constraints, and the Supreme Court of India has defined reasonable restrictions as including the following characteristics.
Security of the State
Reasonable limits on freedom of speech and expression can be imposed for the sake of state security. The concepts of “state security” and “public order” must be distinguished. Security of the state refers to severe and aggravated public unrest, such as revolt, war against the state [entire state or portion of the state], insurgency, etc.
Friendly ties with foreign states
The Constitution (First Amendment) Act of 1951 included this basis. The state may impose reasonable limits on freedom of speech and expression if it jeopardises India’s good ties with other countries or states.
Public order
The term “public order” refers to a state of public peace, safety, and calm. Anything that upsets public order is a violation of public peace [Om Prakash v. Emperor, AIR 1948 Nag, 199]. However, just criticising the government does not inevitably disrupt public order. A regulation that punishes intentional comments that offend the religious emotions of any class has been deemed a fair and reasonable limitation aimed at protecting public order. The Constitution (First Amendment) Act of 1951 inserted this ground in response to the circumstances created by the Supreme Court’s ruling in Romesh Thapar’s case. According to the Supreme Court, public order is distinct from law and order and state security.
Morality and decency Sections 292 to 294 of the Indian Penal Code are examples of limits on freedom of speech and expression based on decency and morality, prohibiting the sale, distribution, or exhibition of obscene phrases. The moral norm shifts with the passage of time.
Contempt of court
A person’s fundamental right to free expression does not permit him or her to contempt the courts. Section 2 of the Contempt of Courts Act, 1971 defines the term “contempt of court.” Under the Act, “contempt of court” relates to civil or criminal contempt.
Defamation
Article 19 clause (2) prohibits anybody from making any comment that defames the reputation of another. Defamation is a felony in India, as enshrined in Sections 499 and 500 of the Indian Penal Code. The right to free expression is not absolute. It does not imply the freedom to harm another’s reputation, guaranteed under Article 21 of the constitution. Although the truth is considered a defense against defamation, it would only be effective if the statement was made ‘for the public benefit.’ And that is a factual matter for the courts to decide.
Incitement to commit an offense
The Constitution (First Amendment) Act of 1951 also included this reason. A person is likewise prohibited under the Constitution from making any comment that incites others to commit a crime.
Indian sovereignty and integrity
This ground was introduced later by the Constitution (Sixteenth Amendment) Act, 1963. This is intended to make it illegal for anybody to make remarks that undermine India’s integrity and sovereignty.
Landmark Judgements Related to Freedom of Speech and Expression
The Indian judiciary has played a crucial role in interpreting and upholding the right to freedom of speech and expression, as enshrined in Article 19(1)(a) of the Constitution of India.
1950 Romesh Thappar v. State of Madras
In the Romesh Thapar case, the Supreme Court declared press freedom a component of free speech and expression. Patanjali Sastri, J., correctly remarked that ‘freedom of speech and press lay at the core of all democratic organizations, for without open political discussion, no public education, so necessary for the effective functioning of the process of government, is conceivable.’
Brij Bhushan vs. State of Delhi 1950
The validity of an order imposing pre-censorship on an English Weekly of Delhi, which directed the editor and publisher of a newspaper to submit for scrutiny, in duplicate, before publication, all communal matters, all matters, and news and views about Pakistan, including photographs and cartoons, on the grounds that it was a restriction on the freedom of the press, was upheld by the court in this case. The right not to speak, sometimes known as the right to quiet, is contained in the right to free expression.
Three pupils were dismissed from school for refusing to sing the national anthem in the case of the National Anthem. When the national anthem played, the youngsters stood up in reverence. The legitimacy of the students’ expulsion was contested before the Kerala High Court, which maintained the expulsion on the grounds that it was their basic obligation to sing the national anthem. However, the Supreme Court ruled in an appeal filed against the Kerala High Court’s judgment that the students did not commit any offense under the Prevention of Insults to National Honour Act, 1971.
Study Important Articles of the Constitution of India here.
Latest Dimensions of Freedom of Speech and Expression
The government has no monopoly on electronic media: The Supreme Court expanded the scope and extent of the right to free speech and expression by ruling that the government has no monopoly on electronic media and that a citizen has the right under Art. 19(1)(a) to telecast and broadcast any important event to viewers/listeners through electronic media, television, and radio. The government may restrict such a right only for the reasons indicated in clause (2) of Art. 19 and not for any other reason. A citizen has the basic right to use the best methods of communicating and receiving communication, including access to television for that purpose.
Commercial Advertisements
The court determined that commercial communication, or advertising, is protected by the right to free expression. However, it can be restricted by the government if it's deceptive, unfair, misleading, or untruthful. Alternatively, the court emphasized that the general public has a right to access "Commercial Speech." Article 19(1)(a) secures the freedom to speak and hear such speech. Telephone tapping is considered an invasion of privacy and a violation of Art. 19(1)(a) unless it meets the conditions in Art. 19(1)(b)(2). As per the court's guidelines, only the Home Secretary of federal and state governments can authorize telephone tapping. The order for telephone tapping is subject to review by a higher authority committee, and its duration cannot exceed two months unless extended by the review authority.
Freedom of Speech in Art
The Constitution guarantees freedom of speech and expression to Indian citizens in any form, including art. The SC has held that art should be judged on the context and significance of the artistic expression. Obscenity in art will be ignored if it is trivial or overshadowed by the overall art. There are restrictions on what can be shown in movies and cinemas as per the Cinematograph Act of 1952. The CBFC regulates and certifies movies.
Freedom of Speech on Social Media
The High Courts have upheld that posting on social media is a fundamental right. Government employees also enjoy this freedom. They can express political opinions on social media subject to certain service rules.
Sedition vs. right to Free Speech and Expression
Section 124A of the Indian Penal Code penalizes those who use words, written or spoken, visual representation, or other means to promote disaffection, hatred, or contempt against the legally constituted government.
- This colonial-era sedition law has faced significant criticism for curbing freedom of speech and expression.
- While the section specifies that only attempts to incite hate, contempt, or disaffection qualify as sedition, legitimate criticism for the purpose of reform has often been misinterpreted as sedition.
- To be deemed seditious, an act must intend to incite public unrest or disturb public peace.
- In the Kedarnath Singh v. State of Bihar case, the Supreme Court narrowed the scope of Section 124A to those who used free speech to incite violence and break the law.
- In the Shreya Singhal v. Union of India case, the court emphasized that there should be a close connection between the expressed words and public disturbance.
Despite these legal clarifications, there continues to be a pattern of individuals charged with sedition for criticizing the government. This abuse has led to calls for the repeal of the section to protect the integrity of free speech and expression.
Hate Speech
The SC had asked the Law Commission to empower the EC to restrict hate speeches irrespective of when they are made. However, the Law Commission recommends considering certain factors before restricting a speech. This includes the context, speaker, victim, and impact.
Attempt the Multiple Choice Questions on Indian Polity here!
Key Takeaways for UPSC Aspirants
- Constitutional Provision: Art. 19(1)(a) of the Indian Constitution, The freedom of speech and expression is explicitly guaranteed to all citizens.
- Scope of Freedom: It would, therefore, cover the freedom to express one's views through any medium, including the electronic media, and includes freedoms under Art. 19(1)(a), such as artistic and academic.
- Reasonable Restrictions: As outlined in Art. 19(2), includes security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, incitement to an offense.
- Landmark Judgements: Cases like Shreya Singhal vs Union of India, which struck down Section 66A of the IT Act, have strengthened freedom of speech.
- Challenges and Debates: Throwing up challenges in the balancing between free speech on issues of hate speech, misinformation, and national security debates.
- Media Regulation: Throws light on the legal framework governing print, electronic, and digital media, and censorship.
- Role in Democracy: This paper will underline the role of this right in accountability, transparent governance, and public participation in democratic processes.
- Future Directions: Reforms are needed to adapt to new challenges thrown by digital media and a balance has to be maintained between free expression and responsible speech.
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Right to Freedom of Speech and Expression - FAQs
What was Article 19f?
Freedom of Speech and Expression: Article 19 of the Constitution provides freedom of speech which is the right to express one's opinion freely without any fear through oral/written/electronic/broadcasting/press.
What is Article 19 1 A of the Indian Constitution?
In India, freedom of press is implied from the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. Article 19(1)(a) says that all citizens shall have the right to freedom of speech and expression.
Is freedom of expression and freedom of speech the same?
Freedom of speech is the freedom to say, write, read, or publish whatever you want. Freedom of expression is one of the key tenets of our human rights. Freedom of expression is an important human right, but so is the right not to be discriminated against.
What are the limits of freedom of expression?
The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, 'limit' the freedom of expression on certain grounds, such as national security, public order, public health, and public morals.
What is the freedom expression?
Freedom of expression refers to the ability of an individual or group of individuals to express their beliefs, thoughts, ideas, and emotions about different issues free from government censorship.
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