MAMC II semester

Session 2021-23
Subject:-MEDIA LAW AND ETHICS
Topic:-Enforcement of right to freedom of speech & expression regarding
Indian law and recent example.
Submitted to:- PROF. NAVEEN BHARDWAJ
Submitted by:- SAJAL JAIN
ERP:- 0211MAMC22
RIGHT TO FREEDOM OF SPEECH
& EXPRESSION
“Give me the liberty to know, to utter, and to argue
freely according to conscience, above all liberties”.
- John Milton
• The essence of free speech is the ability to think and speak freely and
to obtain information from others through publications and public
discourse fear of retribution, restriction, or repression by the
government.
• It is through free speech, people could come together to achieve
political influence, to strengthen their morality, and to help others to
be
• The freedom of speech is regarded as the first condition of liberty, it
occupies a preferred and important position in the hierarchy of the
liberty, it is truly said about the freedom of speech that it is the
mother of all other liberties.
• Artile 19(1)(a) of the constitution of India guarantees to all its citizens
the right to freedom of speech and expression. The law states that
“all citizens of India shall have the right to freedom of speech and
expression”.
• Under article 19(2) reasonable restrictions can be imposed on the
exercise of this right for certain purposes. Any limitation on the
exercise of the right under. Article 19(1)(a) not falling within the four
corners of Article 19(2)cannot be valid.
• The freedom of speech under article 19 (1)(a)includes the right to
express one’s views and opinions on any issue through any medium,
e.g. by words of mouth, writing, printing, picture, film, movie, etc.
• Free expression cannot be equated or confused
with a license to make unfounded and
irresponsible allegations against the judiciary.
(Radha Mohan Lal vs. Rajasthan high
court,(2003) 3 SCC 427).
• The fundamental right to freedom of speech
and expression is regarded as one of the most
basic elements of a healthy democracy for it
allows its citizens to participate fully and
effectively in the social and political process of
the country.
• In Romesh Thapar v state of madras (AIR 1950 SC 124), the supreme
court of India held that the freedom of speech and expression includes
freedom to propagate ideas which are ensured by freedom of circulation
of a publication is of little value without circulation. Patanjali Sastri, J.,
rightly observed that-
• ‘Freedom of speech and of press lay at the foundation of all democratic
organizations, for without free political discussion no public education ,
so essential for the proper functioning of the process of government ,is
possible’
• The constitution affirms the right to
freedom of expression, which includes the
right to voice one’s opinion in India’s right to
seek information and ideas, the right to
receive information, and the right to impart
information.
• The phrase “speech and expression” used in
article 19 (1) (a) have a broad connotation.
This right includes the right to
communicate, print and advertise the
information.
• In India, freedom of the press is implied
from the freedom of speech and expression
guaranteed by Article 19 (1) (a).
• The freedom of the press is
regarded as a “species of which
freedom of expression is a genus”.
(Sakal papers V. Union of India AIR
1962 SC 305)
• On the issue of whether ‘
advertising’ would fall under the
scope of the Article, the supreme
court pointed out that the right of a
citizen to exhibit films is a part of
the fundamental right of speech
and expression guaranteed by
Article 19(1)(a) of the constitution.
(Odyssey communication Pvt. Ltd.
V. Lok Vidyayan Sanghatana AIR
1988 SC 1642)
 Article -19 Clause (REASONABLE
RESTRICTIONS)
Nothing in sub-clause (a)of clause (1) shall affect the operation of any
existing law, or prevent the state from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the
said sub-clause in the
• Interests in the sovereignty and integrity of India,
• Friendly relations with foreign states,
• Public order,
• Decency or morality or
• About contempt of court,
• Defamation or
• Incitement to an offense
• The words ‘morality or decency’ are
words of wide meaning. Sections 292to
294 of the Indian penal code provide
instances of restrictions on the
freedom of speech and expression in
the interest of decency or morality.
• These sections prohibit the sale or
distribution or exhibition of obscene
words, etc. in public places. No fixed
standard is laid down till now as to
what is moral and indecent.
• The standard of morality varies from
time to time and from place to place.
• Raj Kapoor vs State, Bobby Art
International v Ompal Singh Hoon,
Ranjit D. Udeshi v State Of
Maharashtra