FREEDOM OF SPEECH AND EXPRESSION

INTRODUCTION
One of the most basic protections guaranteed by civil society is freedom of expression via
speech. However, in today's society, the right to freedom of expression Speech and
expression aren't just about expressing feelings. It contains one's point of view expressed in
words, but it also includes disseminating one's ideas in paper or through social media with the
use of audio-visual instruments ads and any other means route of communication It also
includes the appropriate access to information, journalistic freedom, and so forth. It is correct
to express oneself and come to terms with oneself there are two major issues. The world's
democracies, such as America and India, have this right was admirably safeguarded. In terms
of India, concerning this crucial right, it is noted in Article 19(1)(a) of the Constitution, which
is a basic right category. The meaning and content of Article 19 [1] [a] have traditionally
been given a liberal interpretation by Indian courts, making it subject solely to the constraints
allowed under Article 19(2).
1
Article 19 defines "in the interest of public order" as "utterances that are directly intended to
cause trouble as well as those that have the potential to cause disorder." The limitation of
public order and the accomplishment of public order shall have a reasonable and proper link
or relationship. Initially, there were no clauses in the American constitution that protected
freedom of speech and expression. It was included in the Constitution as part of the first
amendment. The first Amendment was written in wide and comprehensive words, and as a
result, there is no criterion for assessing appropriate limits on freedom of expression in the
language of the First Amendment. The constraints that are now acceptable are those that the
Supreme Court has created in its view of the First Amendment.
FREEDOM OF SPEECH AND EXPRESSION
Early human rights documents contain concepts of freedom of expression. The English Bill
of Rights, which was enacted in 1689, guarantees "freedom of expression in Parliament" and
is still in force today. During the French Revolution in 1789, the Declaration of Man's and
Citizen's Rights was adopted. Freedom of expression was specifically declared as an
unalienable right.
Article 11 of the Declaration guarantees freedom of expression, stating:
“The free communication of ideas and opinion is one of the most precious of the right of
man. Every citizen may, accordingly speak, write and print with freedom but shall be
responsible for such abuses of this freedom, as shall be defined by law”.
Article 19 of the Universal Declaration of Human Rights, adopted in 1948 states that:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinion without interference and to seek receive and impart information and ideas
through any media and regardless of frontiers.”
NEW DIMENSIONS

1
http://magazines.odisha.gov.in/Orissareview/2017/August/engpdf/36-41.pdf
Although freedom of the press is not expressly mentioned in Article 19, it is a basic right that
is implied in the right to freedom of speech and expression. The significance of the press was
clearly highlighted by the court in the landmark case Express Newspapers (Bombay) (P) Ltd.
V. Union of India. "In today's free world, freedom of the press is at the centre of social and
political discourse," the court stated in this decision. The press has now taken on the role of
public educator, enabling large-scale formal and non-formal education, particularly in
developing countries where television and other forms of contemporary communication are
not yet available to all members of society. . The objective of the press is to advance the
public interest by publicising information and views that a democratic electorate
[Government] would otherwise be unable to make informed decisions. Newspapers, as
distributors of news and viewpoints with an impact on public administration, frequently
publish content that is unpalatable to governments and other authorities."
The Supreme Court's comment above demonstrates that press freedom is critical to the
democratic process's proper functioning. Democracy means government of the people, by the
people, and for the people; it is self-evident that every citizen must have the right to
participate in the democratic process, and that free and open discussion of public issues is
absolutely necessary to enable him to intelligently exercise his right to vote. This clarifies
India's constitutional perspective on press freedom.
PROTECTION FREEDOM OF SPEECH AND EXPRESSION IN INTERNATIONAL
LAW
The right to freely communicate one's thoughts and ideas is regarded as a fundamental
component of international law. This freedom of speech and expression is today regarded a
norm of customary international law, since it is firmly safeguarded in international treaties,
regional human rights instruments, and newly developed domestic human rights legislation.
Article 19 of the UDHR protects the freedom of speech and expression which says that-
“Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.” Right of speech is defined by the ICCPR as
the "freedom to seek, receive, and transmit information and ideas of all kinds, independent of
frontiers, verbally, in writing, or in print, in the form of art, or via any other media of one's
choosing." 2This safeguards all kinds of communication, including spoken, written, and sign
language, as well as non-verbal expressions such as artworks. 3Other rights cannot be
exercised in society if free speech is not available.
Freedom of speech and expression is also recognised by international, national, and regional
rules. Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the
European Convention on Human Rights, and Article 13 of the European Convention on
Human Rights all recognise this right. Article 9 of the African Charter on Human and
People's Rights and the American Convention on Human Rights Free speech allows people to
express their beliefs and political opinions for the betterment of society and state. As a result,
it provides a mechanism through which a suitable balance between stability and societal
change may be achieved. It is crucial in a democratic society. It improves a person's ability to
participate in the decision-making process. Individuals' rights to self-development and

2
United Nations, 1966, Article 19(2)
3
UN Human Rights Committee, 2011, para. 12
satisfaction include the right to free expression. As a result, safeguarding freedom of
expression is critical.
CONCLUSION
The right to freedom of speech and expression is a basic human right. It is the rock on which
democratic governance is built. It is also necessary for the democratic process to work
properly. The phrase "in the interest of" is used. Article 19 defines "breach of public order" as
"not just remarks that are explicitly intended to disrupt public order but also utterances that
are not directly intended to disrupt public order to cause chaos, as well as those who have the
potential to do so. There ought to be limitation and accomplishment of a fair and adequate
link or relationship order in the public realm Everyone has the right to freedom of expression
and speech. Speech is a type of communication. It is necessary because it allows a person to
communicate his or her thoughts, feelings, and sentiments to others. As a result, it is a natural
right that a human being receives at birth. As a result, it is a fundamental. Citizenship is a
right that should not be taken away from them.