FREEDOM OF SPEECH AND EXPRESSION

FREEDOM OF SPEECH AND EXPRESSION

TOPIC: Polity

Context- The question whether the state can use ‘national security’ as a ground to limit judicial scrutiny has come up for scrutiny again in the Media One TV channel case after the Supreme Court, in its Pegasus case order, observed that the Centre cannot expect a ‘free pass’ from the courts as soon as it raises the ‘spectre of na- tional security’.

Concept-

Freedom of Speech and expression

• Freedom of Speech and expression means the right to express one’s own opinions freely through speech, writing, printing, pictures or any other mode.
• In India, under Article 19(1), the Constitution of India guarantees to all its citizens the right to freedom of speech and expression.
• However, this freedom is not absolute and under Article 19(2) reasonable restrictions can be imposed on the exercise of this right for certain purposes.

Safeguards outlined under Article 19 (2):  Article 19(2) allows the state to make laws that restrict freedom of speech so long as they impose reasonable restrictions in the:

• The security of the state: The term security of state refers only to serious and aggravated forms of public order e.g. rebellion, waging war against the State, insurrection and not ordinary breaches of public order and public safety.
• Interests of the sovereignty and integrity of India: Sovereignty and integrity of India as a ground under Article 19 (2) was added by 16th constitutional amendment act.
• Friendly relations with foreign states: This ground was added by the First Amendment Act, 1951.
• Decency or morality: Sections 292 to 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.
• Contempt of court: According to the Section 2 of Contempt of court it may be either civil contempt or criminal contempt.
• Defamation or incitement to an offence: A statement, which injures a man’s reputation, amounts to defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt.

Chilling Effect:

• Chilling effect is the concept of deterring free speech and association rights protected by the First Amendment as a result of government laws or actions that appear to target free expression.
• The Supreme Court developed and explained the chilling effect doctrine in several opinions involving Freedom of Speech & Expression.