Freedom of Speech and expression: Rights and Restrictions
Insight of Freedom of Speech and expression
Over the period of hundreds of years, the evolution of Democracy has given the most valuable right the right of freedom of speech and expression. Our constitution also has given us this right in specific words. It is a natural right that is given to us by the almighty but we gather the same from the structure of government and the same is possible only in democracies. Freedom of speech and expression is not only a fundamental right but also a basic human right. Proclamation of the Universal Declaration Of Human Rights (1948) reads asunder:-
“Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek and receive and impart information and ideas through any media and regardless of frontiers”
The people of India get this right under Article 19(1) (a) which is one of the Articles found in Part III of the Constitution, which enumerates the Fundamental Rights making it a basic fundamental right for the citizens of the country. As it is said in every democratic structure, every right comes with certain limitations, in our country also this right comes with certain limitations as stated under Article 19(2) of the Constitution of India.
The possible answer to why we need the freedom of speech and expression could be that it empowers a citizen of the country in participating in self-decision making, participating in social upliftment, for their own belief and communicate them freely to other individuals. The other benefit of this right is that it helps individuals in the discovery of truth and attain self-fulfillment and participation of people in the administration.
With the emergence of democracy, this right has been becoming stronger every day, especially with the involvement of the Hon’ble Supreme Court. Freedom of the press and the right to information are also rights that have made it stronger. The right to freedom of speech and expression is one of the most important fundamental rights. It includes circulating one’s views in words or in writing.
Meaning And Scope
Article 19(1)(a) of the Indian Constitution says Freedom of Speech and expression means the right to express one’s own convictions and opinions freely by word of mouth, writing, printing, pictures, or any other mode. It thus includes the expression of one’s idea through any communicable medium or visible representation, such as gestures, signs, and the like. This expression connotes also publication and thus the freedom of the press is included in this category. Free propagation of ideas is the necessary objective and this may be done on the social platform or through the press. This propagation of ideas is secured by freedom of circulation. Liberty of circulation is essential to that freedom as the liberty of publication. The freedom of speech and expression includes the liberty to propagate not one’s views only but also includes the right to propagate or publish the views of other people; otherwise, this freedom would not include the freedom of the press.
Restrictions on Freedom of Speech and expression
Clause (2) of Article 19 contains the grounds on which restrictions on the freedom of speech and expression can be imposed-
1) Security of the country: Under Article 19(2) reasonable restrictions can be imposed by the government on the freedom of speech and expression in the interest of the security of the State.
2) Friendly relations with foreign states: This restriction was inserted in the constitution of India in 1951. The object behind the provision is to prohibit unrestrained malicious propaganda against a foreign-friendly country, which may jeopardize the maintenance of good relations between India and that country.
3) Public Order: This restriction was inserted in the Constitution in 1951.
4) Decency or morality: The words ‘morality or decency’ are words of wide meaning but sections 292 to 294 of the IPC provide restrictions on the freedom of speech and expression in the interest of decency or morality.
5) Contempt of Court: Restriction on the freedom of speech and expression can be imposed if it exceeds the reasonable and fair limit and amounts to contempt of court.
6) Defamation: A statement, which injures a others’ reputation, amounts to defamation.
7) Incitement to an offence: This restriction was also inserted in the constitution in 1951. Certainly, freedom of speech and expression cannot confer any right to incite people to commit offence.