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TOPIC:. " WHAT IF FREEDOM OF SPEECH AND

EXPRESSION CROSS IT'S LIMITS "

INTRODUCTION

Under part 3rd of the Indian Constitution 1950 , in Article 19 1 ( a ) there is guaranteed
for every citizen freedom of speech and expression . Freedom of speech and expression
means that every citizen has the right to express their ideas , views , thoughts through any
mode like spoken , writing , painting , banners and posters , movies , audio & videos forms ,
on any social media platforms also . The preamble of the Indian Constitution also says that
- every citizen has Liberty of expression , thoughts , beliefs etc. According to John Milton -
" Give me the Liberty to know , to argue , and to utter according to conscience above all
liberties ". Without freedom of speech and expression human and World would be no
progress . But these rights are the subject matter of restrictions . According to Ai Weiwei -.
" Without freedom of speech and expression there is no modern world, just a barberic one ."
Freedom of speech and expression is only available to Indian Citizens and it is not available
to foreigners . The Universal Declaration of Human Rights 1948 in its preamble declared
that freedom of speech and expression as basic fundamental rights.

WIDER SCOPE OF FREEDOM OF SPEECH AND EXPRESSION

:

There is a wider scope of freedom of speech and expression . It includes many other
freedoms .
1. Freedom of silence
2. Right to know
3. Right to information
4. Freedom of press
5. Freedom of speech on social media
6. Freedom to criticize
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7. Freedom of commercial advertisement

● Freedom of silence

Freedom of speech and expression also includes freedom of not to speak or freedom of
silence . No one can be forced to speak without his or her own choice . In the case of the
National Anthem , there were three students who were expelled from the school for refusing
to sing the national Anthem . But they stood in respect for the national Anthem . It was held
by the supreme court of India that the students did not commit any offence or insult the
national Anthem because they stood for respect1 .

● Freedom to criticize

In India every citizen has the right to criticize the government policies . Because healthy
criticism is needed for a progressive democracy ." Government is to the people , for the
people and by the people " so if people choose their representatives or government then
they have the right to criticize their conduct .
Everyone has fundamental rights to criticise the government for their policies , and in a
healthy democracy it is not needed that Everyone should sing the same song 2.

● Freedom of Press

Press is considered as the fourth pillar of a democracy . Freedom of speech and expression
also includes Freedom of press but not clearly mentioned in Article 19 1 ( a ) of COI .
Anyone can express their ideas , thoughts through the Printing press or digitally like radio ,
news channel etc. Freedom of press is the foundation of a democracy .
Freedom of press is the essential part of the freedom of speech and expression3. Imposing pre
censorship on the press or media is violation of freedom of press 4.

■ Right to know

1
Bijoe Emmanuel V. State of Kerala AIR 1986 SC 615
2
S RangaRajan V. P. Jagjivan Ram AIR 1989 SCC ( 2 ) 574
3
Romesh Thappar V. State of Madras AIR 1950 SC 124
4
Brij Bhusan V. State of Delhi AIR 1950 SC 129
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Every citizen has the right to know about the candidates to whom they are going to elect .
They can know about the educational , financial , criminal records and his or her behaviour ,
family Background all the important information which is relevant in nature they can know
related to the candidates. . And this necessary that the citizens must know that to whom
they are going to elect .

● Right to information

The freedom of speech and expression also includes the right to information about the work
of the government and all governmental bodies . Because information helps to create an
opinion .
Freedom of speech and expression includes right to impart and receive an information which
includes Freedom to hold an opinion 5.

■ Freedom of speech on social media

In modern times , every one passes their time on social media and expresses their views ,
ideas , thoughts and comments through the digital platforms like facebook , instagram,
twitter, pinterest, YouTube there are so many platforms available . And nowadays it has
become a very important part of every human beings .
Supreme court held that freedom of speech and expression extended to the Right to internet
under Article 19 1(a) of the COI 6.

● Freedom of commercial advertisement

The Supreme Court held that commercial advertisement is also part of the freedom of speech
and expression under Article 19 1 (a) of COI 7 .

SUBJECT MATTER OF RESTRICTIONS ON FREEDOM OF SPEECH

AND EXPRESSION :-

5
Union of India V. Assn.for Democratic Reforms AIR 2002 SCC 294
6
Anuradha Bhasin V. Union Of India AIR 2019 SC 1725
7
Tata Press Ltd. V. Mahanagar Telephone Nigam Ltd AIR 1995 SCC ( 5 ) 139
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Freedom of speech and expression which is guaranteed under Article 19 1 (a ) of the Indian
Constitution is not absolute in nature . It means that every citizen has the right to freedom
of speech and expression but only in limits , if they cross those limits then that will be the
subject matter of restrictions . The restrictions for freedom of speech and expression and
other freedoms guaranteed under Article 19 1 ( a) of the Indian Constitution are the subject
matter of reasonable restrictions which are mentioned in Article 19 ( 2 ) of the Indian
Constitution . The restrictions are followings :
1. Security of the state
2. Friendly relations with foreign countries
3. Defamation
4. Contempt of courts
5. Public order
6. Decency and morality
7. Incitement of an offence
8. Sovereignty and integrity of India

■ Security of the State

Every citizen has freedom of speech and expression but they can not create a threat situation
for the security of the state . They can not deliver any speech and expression which results in
a threat for the security of any territory of the state . If they give such a statement or anything
by using freedom of speech and expression then that will be the subject matter of restrictions.
Examples like armed rebellion , waging war against the state are the threat for a State
security
.
■ Friendly relations with foreign state

Any citizen has no Freedom of speech and expression which hampers the relation india with
other foreign countries 8.

● Defamation
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Subs. by the constitution ( first Amendment ) Act ,1951, sec.3(a) , for Clause (2) ( with retrospective effect ).
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A citizen can not defame any person on the basis of freedom of speech and expression
because of if one person has freedom of speech and expression then Another person also has
Right to Reputation Under Article 21 of the Indian Constitution . So it is the duty of all
to protect and respect the reputation of each other .
The court held that the press has to also observe reasonable restrictions because freedom of
press is not an absolute right . And the media can not cause injury to an individual's precious
reputation 9.

● Contempt of courts

Anyone can not badly comment on judiciary which decrease the reputation of judges and
judicial system by using the freedom of speech and expression , but if any one comments on
judiciary which deforms the reputation of judicial system then that will be restricted on the
basis of contempt of court and .
Like recently supreme court liable to Prashant Bhushan for commenting on judges' which
was contempt of courts 10.
Honest criticism of working of the judges and comments on judiciary shall not come into the
ambit of contempt of court11.

● Public Order

No one can misuse their freedom of speech and expression and can not create a public
disorder and they can not speak anything which harms public order. If they do this then that
will be the subject matter of restrictions . Everyone has the right to speech and expression but
only on the limit you are not allowed to do violence and harm public peace .

Decency and morality

Like we can say that freedom of speech and expression are also available to producers for
making any movies but that right also the subject matter of restrictions they can not make any
9
Jayshah V. Rohini Singh AIR 2019 Gujarat High court
10
Prashant Bhushan V. Court ( Suo Moto contempt petition ) ( CRL.) No. 1 of 2020
11
Re Arundhati Roy V. Unknown AIR 2002( SCW)1210
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films or documentary which harm the dignity of any community or anything . The film
must be in morality and not harming any moral values . This is also for all citizens who
cannot make anything which is against decency and morality .
Like recently sunny leone song madhuban me Radhika nache this song was very
controversial because there was obscene dance and making songs on goddess Radhika which
was against morality . So after that the music industry changed the lyrics .

● Incitement of an Offence

No one can incite the people for doing any offence on the basis of freedom of speech and
expression . If any one abet public for affray , rioting , violence etc then they are not
entitled to freedom of speech and expression . That will be the subject matter of
restrictions .

● Sovereignty and integrity of India

In the fundamental duties Article 51 A of the Indian Constitution there is mention that
every citizen shall make the sovereignty and integrity of India . So no one can not do
anything on the basis of freedom of speech and against the sovereignty of India .
Disaffection toward the government includes hatred , disagreement , enmity , disrespect
and every form of ill will towards the government does not amount to freedom of speech
and
expression 12.

MISUSE OF FREEDOM OF SPEECH AND EXPRESSION IN

CURRENT SCENARIO :

In the current scenario there is a huge misuse of the freedom of speech and expression
specially on digital platforms . People are posting or commenting on facebook , Instagram ,
YouTube, etc whatever they think . There are huge obscene videos on YouTube , and bad
comments on another platform , people are abusing the Prime minister or another respected
person which is against the freedom of speech and expression . We can see in our
surroundings and on social media , what is the current scenario of freedom of speech and
expression . People should understand that if they have rights then they also have some duties
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Queen Empress V. Bal Gangadhar Tilak AIR 1897
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, because rights and duties are correlated to each other . So they must be thankful towards
India where they have many more rights and freedoms . You have to understand that if you
have freedom of speech and expression then there are also restrictions on it , anybody can
override these restrictions which are mentioned in Article 19 ( 2 ) of the Indian Constitution
.

● EFFECTS OF IT RULES 2021

Recently there has been a lot of controversy about the Digital Media Ethics Code Rule 2021
because people said that this rule violates their freedom of speech and expression . But
government said there is need of this rule for reasonable restrict the freedom of speech and
expression on OTT platforms because of there are so many audio and videos which
have obscenity , child sex , religious videos which hurt the religious sentiments .

● CONCLUSION

Freedom of speech and expression are unique gifts for people , so we have to enjoy these
freedoms but in limits . Anyone should not overreach this freedom because if you
override this Freedom then there is subject matter of reasonable restrictions . But if there
is unreasonably restrict the freedom of speech and expression then there is remedy
available Under Article 32 and Article 226 . The people can approach the supreme court
or High court for enforcement of their rights .

● REFERENCE

● Constitution law of India , Narendra Kumar , 10 th edition

● M.P. Jain Indian constitutional law

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Thankyo