The Right to speech and expression form one of the most elementary and dearest liberties of modern democratic societies.

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ABSTRACT

The Right to speech and expression form one of the most elementary and dearest liberties of modern democratic societies. Modern systems of democratic governance consider this right to be a bedrock since people are at liberty and have the freewill to express their opinions, criticize government policies, and engage in discussion on social, cultural, and political issues, but this right is not absolute. A wide scope exists for individual and collective freedom under it, but at the same time, it does come with certain restrictions aimed at the balancing of individual rights with social interests. In this regard, it goes into the scope and limitation of the right to freedom of speech and expression, specifically its role in nurturing democracy, as well as all “the reasons for restriction for these rights”[1][2]

INTRODUCTION:

Right to Freedom of Speech and Expression as the name suggests gives people some independence or liberty to speak or express their views on their own concurrence. “It is also defined under Article 19 of United Declarations of Human Rights [UDHR].”[3]

ARTICLE 19 OF UDHR:

“Everyone has the right to give their own ideas, belief, view, etc.”[4][5]; this right includes freedom to have own opinion without any approval”[6] through any media.”[7][8]

the International Covenant on Civil and Political Rights under Article 19 accedes to this right with permissible limitations. Similarly, national constitutions have also emphasized this freedom. For example, we can take United States and India. In the U.S., the Constitution’s First Amendment document guarantees free speech and the press, whereas in the Indian Constitution, it is Article 19(1)(a), stating speech and expression as a fundamental right.

ORIGIN OF FREEDOM OF SPEECH IN INDIA:

“In India, the right to free speech is regarded highly.”[9] Its significance can be seen when the constitution’s preamble guarantees all people, substantially the freedom of opinion, speech, faith, deification, “and religion, so on and so forth”[10] When the Britishers were ruling India it was a total disaster for the people.”[11] They did not have the independence or freedom to speak whatever they wish for.

During the same period Section 124 of the Indian Penal Code was taken advantage of often by the British Government. The main motive of the British Government was to supress the movements started by Indian Freedom Fighters. At the same time Hate Speech law was also enacted by the British Government. Through this act a lot of Indian Freedom Fighters were arrested by the Government under the So-called Act of Sedition.

CONCEPT OF SEDITION:

Sedition is incitement or the act of rebellion to the government or established order. In most instances, sedition often incites or advocates for violence, civil unrest, or other forms of disruption that could potentially threaten the stability and security of a country or community. Sedition can be manifested in several forms, such as promoting propaganda, making inflammatory remarks, or engaging in activities to promote an insurrection. Sedition, at times, is construed to be seriously criminal offense and liable to punishment by law

CURRENT SCENARIO OF FREEDOM OF SPEECH AND EXPRESSION:“

In India if we see, “firstly Freedom of Speech and Expression can be claimed by only the citizens of India not by any other nationals.”[12] Secondly this concept does give “company any right”[13][14] People can give their dissenting opinion through internet.”[15][16]

SCOPE OF FREEDOM OF SPEECH AND EXPRESSION:

The right to Freedom of Speech and Expression in the context of Indian Constitution is defined under Article 19[1]. “It says[17]

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(d) to relocate willingly throughout India;’[18][19]

Freedom of Speech and Expression:

So as the name suggests Citizens have the freedom to speak on their will whenever they want and can speak on their own accord without any hesitation. Freedom of speech also includes the right to speak and communicate their thoughts through different forms of media, such as spoken words, writing, digital information, arts, or even protest and demonstrations.

The internet and social media have served to considerably expand the means through which this right may be exercised, making it both more powerful and more problematic to police and regulate.

Assemble Peacefully and without arms:

Has there ever a thought has come to the mind that in the United States of America why the crime rate is not so much high. US constitution allows its citizens to bear arms freely for the purpose of their Security. In India however, people or the citizens cannot do so easily without a license or permission from Government. At the same time the Citizens have the right to assemble in a group or a gathering peacefully without creating any trouble for anyone.

Form Associations or Unions:

“The Citizens can fluently form a group of associations or unions. The only condition involved in this is they can form it only when they have same goal.”[20][21]

Move Freely throughout India:

“Subjects, have the Free will to proceed wherever they need within the country, relocate themselves or dwell in any portion of India peacefully and without creating any trouble or trouble for anyone. [22]

OTHER GENERAL SCOPE:

Freedom of Press:

“An essential piece of the right of speech is autonomy of the press.”[23] “An autonomous and self-dependent press is a fruitful tool which helps administration. Without this liberty, a society may near its end”[24], where differing voices are muted and data becomes a nation- regulating network.”[25] Freedom of speech guarantees that the media perform its role under minimal interferences, although, just like freedom of the press, it is not absolute and is bound to certain conditions.

Right to Criticize the Government:

“The most important part of the right to freedom of speech is an opportunity of criticizing the government”[26] and its policies during its failure.”[27] It helps to ensure there is transparency and accountability along with active citizen participation in governance. In democratic society, right to dissent is vital as it molds public policy and administration through debates and discussions. Democracy would be undermined if the freedom to criticize were missing.

“Right to access into any profession, or to apply any work, trade, or business:”[28][29]

This gives a right to work in any lawful profession or start any kind of business without unreasonable interference.

RESTRICTIONS UNDER THE INDIAN CONSTITUTION:

While everyone can enjoy their basic rights to speak on their will, it comes at a price as well. Not everything can be expressed easily. “There are some restrictions under Article 19[2] of Indian Constitution which are”[30][31] –

Safety of State:

Utterances that would be considered to endanger the stability and safety of the state, such as incitement to violence or rebellion, may be restricted. In this respect, Indian Penal Code made criminal offenses of seditious activities, in the guise of inciting hatred against the government.

Public Order:

The speech that disturbs the public tranquillity or causes riot could be restricted. In this context, India’s Supreme Court has clarified that the concept of public order includes a vast range of situations in which speech may incite violence and social disorder.

Decency or Morality:

“Profanity expressions can be confined in the interest of public morality and General peace for the public.”[32][33]

Contempt of Court:

The judiciary is an indispensable component of the democratic process, and statutes do exist to prohibit speech that demeans their authority. Speech that it deems offending to the authority of the courts can be restricted so that their dignity is maintained.

Defamation:

Nothing in the right to free speech extends the right of a person to harm another’s reputation. The presence of defamation laws allows one to seek redress if another person attacks a person’s character or good name without just cause.

Incitement to an Offense:

Several legal regimes prohibit incitement of individuals towards commission of illegal activities through speech or expression.

Sovereignty and Integrity:

No one can make any statement which can threaten the Sovereignty and Integrity of The Nation which can affect the peace of the people.

Friendly Relations with Foreign States:

The right to free speech cannot be used as a tool for promoting an action which affects the friendly relations with foreign states. India has to maintain diplomatic relations with other countries and therefore the citizen has to ensure that it is not affected through their speech.

Role of Judiciary in Freedom of Speech:

The judiciary plays a very pivotal role in the interpretation and definition of the right to freedom of speech and its limits. This right has played an important role in shaping the contours of the right to freedom of speech and expression. In several judgments, the courts have placed great emphasis on this right but also realized that it had to be balanced with the need for limits.

For example, S. Rangarajan v. P. Jagjivan Ram, the Court ruled that the bars on speech must have a direct and proximate nexus to the danger they are supposed to prevent and thus narrowed the permissible scope of the limitation.

Another example, in Shreya Singhal v. Union of India, 2015, the Supreme Court ruled that the right to free speech would incorporate both the right to receive and the right to impart information. The restrictions on this right, if allowed by law, must be reasonable and must be narrowly tailored.

[1] https://philarchive.org/archive/YONIRA-2

[2] https://policyreview.info/articles/analysis/restricting-access-to-ai-deci
sion-making

[3] https://www.ohchr.org/en/press-releases/2018/11/universal-declaration
-human-rights-70-30-articles-30-articles-article-19

[4] https://en.wikipedia.org/wiki/Freedom_of_speech

[5] https://www.amnesty.org.uk/universal-declaration-human-rights-UDHR

[6] https://www.amnesty.org.uk/universal-declaration-human-rights-UDHR

[7]https://www.un.org/en/about-us/universal-declaration-of-human-rights#:~:text=Article%2019,media%20and%20regardless%20of%
20frontiers

[8]https://www.equalityhumanrights.com/human-rights/human-rights-act/article-10-freedom-expression#:~:text=Article%2010%20protects%20your%20right%20to%20hold%
20your%20own%20opinions

[9]https://articles.manupatra.com/article-details/A-Bird-s-Eye-View-of-the-Right-
to-Freedom-of-Speech-and-Expression-in-India

[10]https://articles.manupatra.com/article-details/A-Bird-s-Eye-View-of-the-Right
-to-Freedom-of-Speech-and-Expression-in-India

[11] https://www.britannica.com/event/British-raj

[12] https://www.quora.com/Is-the-Indian-democracy-a-success-or-a-failure-fo
r-the-last-68-years-of-democracy