by Kusum Kumari
INTRODUCTION
The freedom of expression for press and media is protected by Article 19(1)(a) of the Constitution of India these write includes the Freedom to Express views and opinions through words, writing, pictures, movies, and banners.
This rights encourages Independent Journalism and promotes democracy by allowing people to voice their opinions for or against the government’s actions. However this rights is not absolute and is subject to certain restrictions, such as those necessary to protect national security, public order and the rights of other.
Freedom of expression includes the ability to express one’s views and the views of the others. The media is not only a medium for expressing opinions and views but it is also responsible for building opinions and views on various topics.
Freedom of expression is the right to speak, be heard and participate in political,artistic and social life. It also includes the right to seek, receive, and share information through any media.
Freedom of expression gives special rights and duties to the media. The media inform society on matters of public interest and create and important platform for public debate and scrutiny and reflection.
HISTORY
Freedom of speech and expression has a long history that predates modern international human rights instruments. Freedom of speech and expression has a long history, dating back to the late 6th or early 5th century BC.
Freedom of speech was vindicated by Erasmus and Milton.Edward Coke claimed freedom of speech as “an ancient custom of Parliament” in the 1590s.
The concept of freedom of speech was adopted as a constitutional right in England’s Bill of Rights of 1689.
One of the world’s first country to adopt freedom of the press acts was introduced in Sweden in 1766. (Swedish Freedom of the Press Act).
Here are some other milestone in the history of freedom of speech and expression:
- 1644: John Milton wrote the pamphlet Areopagitica in response to a British law requiring government approval of all books before publication.
- 1695: Freedom of the press was established in Great Britain with the expiration of the Licensing Act.
- 1835:- Lord Metcalfe, know as the Liberator of
- India Press, abolished all restrictions on the vernacular press.
- 1947: The United Nations approved the UN Declaration of freedom of information.
- 1948: The United Nations approved the Universal Declaration of Human Rights.
CASE
ROMESH THAPPAR vs STATE OF MADRAS
FACTS:- The petitioner was the the printer, publisher and editor of a journal in English called Cross Roads printed and published in Bombay.
Under Section 9 (1-A) of the the Madras Maintenance of Public Order Act, 1949, the entry and circulation of the journal was banned in the erstwhile State of Madras. In response to the ban, the petitioner filed a writ petition before the Supreme Court, averring that the powers under the Act were an excessive restriction on freedom of expression under Article 19 of the Constitution of India.
In response, it was considered on behalf of the respondent State, that the restriction was for the purpose of public safety and public order. This could be equated with security of the State, which is considered a reasonable restriction on freedom of expression under Article 19(2).
JUDGEMENT:- The court ruled that the petitioner had the right to directly approach the Supreme Court under Article 32 without first seeking relief from the High Court under Article 226. It also determined that Section 9(1-A) of the Madras Maintenance of Public Order Act, which allowed the government to impose restrictions in the interest of public safety and order, was unconstitutional as it went beyond the permissible limits of restricting freedom of speech and expression. This case marked a significant precedent in upholding free speech rights in India.
LAWS REGARDING FREEDOM OF SPEECH AND EXPRESSION IN INDIA
Article 19(1)(a) of the Indian Constitution guarantees all citizens the right to freedom of speech and expression. This includes the right to express opinions through words, writings, pictures, movies, and banners. It also includes the right to entertain and be entertained through broadcasting media.
Freedom of expression includes freedom of the press, which covers blogs and websites. Justice Patanjali Shastri said that freedom of the press is the foundation of every democratic organization.
FREEDOM OF SPEECH AND EXPRESSION AND SOCIAL MEDIA/ INTERNET
The Internet and Social Media has become a vital communications tool through which individuals can exercise their right of freedom of expression and exchange information and ideas. In the past year or so, a growing movement of people around the world has been witnessed who are advocating for change, justice, equality, accountability of the powerful and respect for human rights. In such movements, the Internet and Social Media has often played a key role by enabling people to connect and exchange information instantly and by creating a sense of solidarity. The UN Human Rights Committee has also tried to give practical application to freedom of opinion and expression in the radically altered media landscape, the centre stage of which is occupied by the internet and mobile communication. Describing new media as a global network to exchange ideas and opinions that does not necessarily rely on the traditional mass media, the Committee stated that the States should take all necessary steps to foster the independence of these new media and also ensure access to them. Moreover, Article 19 of the UDHR and Article 19(2) of the ICCPR also provides for freedom of speech and expression even in case of internet and social media. Thus, it is seen that freedom of speech and expression is recognized as a fundamental right in whatever medium it is exercised under the Constitution of India and other international documents. And in the light of the growing use of internet and social media as a medium of exercising this right, access to this medium has also been recognized as a fundamental human right.
INTERNATIONAL PERSPECTIVE ON FREEDOM OF SPEECH AND EXPRESSION
According to a 2022 VOA News report, Denmark and Switzerland are the top countries for free expression of information, each with a score of 96. Norway and Sweden each have scores of 94, and Estonia and Finland both scored 93.
ADVANTAGES AND DISADVANTAGE OF HAVING FREEDOM OF SPEECH AND EXPRESSION
ADVANTAGES
Freedom of speech and expression is a fundamental right that brings many benefits. Here are 10 pros:
- Promotes democracy: Freedom of speech allows citizens to voice their opinions and participate in the democratic process.
- Encourages creativity: It fosters an environment where individuals can freely express their ideas, leading to innovation and artistic expression.
- Facilitates social progress: By allowing diverse perspectives to be heard, freedom of speech helps challenge societal norms and promotes positive change.
- Protects human rights: It enables individuals to speak out against injustice and advocate for the rights of marginalized groups.
- Promotes transparency: Freedom of speech helps
- hold governments and institutions accountable by allowing for public scrutiny and criticism.
- Enhances knowledge-sharing: It allows for the exchange of ideas, knowledge, and information, leading to intellectual growth and societal development.
- Fosters tolerance and understanding: By encouraging open dialogue, freedom of speech promotes empathy, tolerance, and a better understanding of different viewpoints.
- Empowers individuals: It gives people a voice and the confidence to express their thoughts, opinions, and experiences.
- Supports personal development: Freedom of expression allows individuals to explore their identities, values, and beliefs, leading to personal growth.
- Promotes peaceful resolution: By providing a platform for dialogue and negotiation, freedom of speech can help resolve conflicts peacefully.
DISADVANTAGES
Well, there are some potential downsides to freedom of speech and expression. Here are 10 cons:
1.Hate speech: Freedom of speech can allow for the spread of harmful or hateful ideas.
2.Cyberbullying: People may use their freedom of expression to harass or bully others online.
- Spread of misinformation: Some individuals may misuse their freedom of speech to spread false information.
- Incitement of violence: Freedom of speech can be used to encourage or promote violent actions.
- Privacy invasion: Sometimes, freedom of expression can lead to the invasion of someone’s privacy.
- Defamation: People may use their freedom of speech to spread false and damaging statements about others.
- Public disorder: In certain cases, freedom of expression can lead to protests or demonstrations that turn violent.
- Threats and intimidation: Some individuals may use their freedom of speech to threaten or intimidate others.
- Discrimination: Freedom of speech can be used to promote discriminatory views or practices.
- National security concerns: In certain situations, freedom of expression can pose risks to national security.
It’s important to remember that while freedom of speech is a fundamental right, it also comes with responsibility.
CONCLUSION
It is one of those fundamental rights which are provided by constitution to the citizens of India it is considered as most important right as it gives us right to put forth our opinions regarding any topic or anything happening around us.
The state can lawfully restrict or punish expression that causes harm. Examples- violation of private life, defamation,hate speech, obscenity, pornography, public orders, national security, trade secrets etc.
However the freedom of speech and expression can sometimes become a crime.
