The essence of free speech is the ability to think and speak freely and to obtain information
from others through publications and public discourse without fear of retribution, restriction,
or repression by the government. It is through free speech, people could come together to
achieve political influence, to strengthen their morality, and to help others to become moral
and enlightened citizens. The freedom of speech is regarded as the first condition of liberty. It
occupies a preferred and important position in the hierarchy of the liberty, it is truly said
about the freedom of speech that it is the mother of all other liberties.
Freedom of speech is guaranteed not only by the constitution or statutes of various states but
also by various international conventions like Universal Declaration of Human Rights,
European convention on Human Rights and fundamental freedoms, International Covenant
on Civil and Political Rights etc. These declarations expressly talk about protection of
freedom of speech and expression. The Indian Constitution gives this right of speech and
expression under article 19A as a fundamental right. Our Constitution gives us this
fundamental right but also imposes some reasonable restriction as stated under the article
19(a) Nothing in sub-clause (a) of clause(1) shall affect the operation of any existing law,
or prevent the State from making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub-clause in the interests
of the sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality, or in relation to contempt of court,
defamation or incitement to an offence.
The fundamental right to freedom of speech and expression is regarded as one of the most
basic elements of a healthy democracy for it allows its citizens to participate fully and
effectively in the social and political process of the country. In fact, the freedom of speech
and expression gives greater scope and meaning to the citizenship of a person extending the
concept from the level of basic existence to giving the person a political and social life.
Indian constitution gives us freedom of speech and expression but after giving this freedom to the
citizens it also applied reasonable restrictions. It is necessary to maintain and preserve freedom of
speech and expression in a democracy, so also it is necessary to place some restrictions on this
freedom for the maintenance of social order, because no freedom can be absolute or completely
unrestricted. Accordingly, under Article 19(2) of the Constitution of India, the State may make a law
imposing “reasonable restrictions” on the exercise of the right to freedom of speech and expression
“in the interest of” the public on the following grounds: Clause (2) of Article 19 of Indian constitution
contains the grounds on which restrictions on the freedom of speech and expression can be
imposed: -
1. Security of state
2. Friendly relations with foreign states
3. Public order
4. Decency or morality
5. Contempt of court
6. Defamation
7. Incitement to an offence
8. Sovereignty and integrity of India
But are these restrictions really reasonable? This is the questions that is answered by the apex
court of our country through the case of Shreya singhal vs Union of India by striking down of
section 66A of Information and technology act, 2000 which stated that Publishing offensive,
false or threatening information, Any person who sends by any means of a computer resource
any information that is grossly offensive or has a menacing character; or any information
which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger,
obstruction, insult shall be punishable with imprisonment for a term which may extend to
three years and with fine and the person will be punished Imprisonment up to three years,
with fine. These messages may be any information created, transmitted or received on a computer
system, resource or device including attachments in the form of texts, images, audio, video or any
other electronic record.
But Our Apex court realized that this section was unconstitutional which clearly violates the basic
fundamental right of expression of ones thought thus passed a marvellous judgement in this case.
Also, it is clear that Section 66A arbitrarily, excessively and disproportionately invades the
right of free speech and upsets the balance between such right and the reasonable restrictions
that may be imposed on such right. The standard to be applied by the courts for judging the
situations should be that of an ordinary man of common sense and prudence and not that of
an out of the ordinary or hypersensitive man. The different views are allowed to be expressed
by proponents and opponents not because they are correct, or valid but because there is
freedom in this country for expressing even differing views on any issue. The restriction
which are imposed on this fundamental right must be justified on the anvil of necessity and
not the quicksand of convenience or expediency. Open criticism of government policies and
operations is not a ground for restricting expression. We must practice tolerance of the views
of others. Intolerance is as much dangerous to democracy as to the person himself.
Therefore, to Conclude, Freedom of speech and expression is the basic human right which
not only India but mostly every country gives to its citizens and the changes made to the laws
and acts regarding this freedom seems to be beneficiary for the public, like the striking down
of section 66a of IT act. There are many cases all over the world relating to this freedom of
speech and expression. Each case has its own unique facts which puts legal systems of
various countries into a difficult situation and to give justice a unique judgements are given
by great judges. There are various Limitations on these rights by government related to Libel,
Slander, Obscenity, Hate Speech, Copyright Violation, Fighting words, Classified
Information, Non-disclosure Elements, Public Order, Public Security, Public Nuisance, and
Campaign Finance Reform etc. These limitations are for the citizen’s betterment only which
helps to create peace in the country and not to harass them.
