• Team Lawtsapp

TASTE OF FREEDOM YOUR RIGHT TO FREE EXPRESSION



INTRODUCTION


We the people of country as citizens have the right to express ourselves freely and have right to hold our own opinions – even if our views are unpopular or could upset or offend others anyhow by any means.

Everyone by birth has the right to freedom of opinion and expression; this right includes freedom to hold exclusive and different opinions without any meddling and to seek, receive and impart information and ideas through any mode or media and regardless of the frontiers.

We have certain basic rights as citizens of India. Fundamental rights are enshrined in the Indian constitution under Part III. These basic rights are fundamental rights that we get right from birth. No single person or state may take away the same from us.

In particular, there are fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, educational and cultural rights and the right to constitutional remedies.


Freedom of Expression


Freedom of speech and expression grants the Citizens the right to communicate their thoughts and views without uneasiness, by means of words either or spoken, pictures or some other visual or communicable representation such as gestures or signs. it contains the freedom to propagate one’s own opinion, and the opportunity to publish other people’s views. Free expression cannot be equated or confused with a license to make accusations against the judiciary that are baseless and are undependable. Therefore, the right to speech and expression is not an absolute right, and the state can enforce reasonable restrictions under article 19(2) of the constitution.


Our freedom of expression is fundamental to our democracy with the point of view of ensuring individual rights that were meticulous vital even more important by the makers of the constitution, it is the lifeblood of the democracy facilitating open debate, the proper consideration of diverse interests and perspectives.


Freedom of speech and expression grants the Citizens the right to communicate their thoughts and views without any fear or apprehension, by means of words either or spoken, pictures or some other visual or communicable representation such as gestures or signs. it contains the freedom to spread one’s own opinion, and the opportunity to publish other people’s views. Free expression cannot be equated or confused with a license to make accusations against the judiciary that are unfounded and are irresponsible. Therefore, the right to speech and expression is not an absolute right, and the state can enforce reasonable restrictions under article 19(2) of the constitution.


« Only a citizen of the country and not a foreign national or alien enemy shall be given the authority to freedom of speech and expression;

« The rights granted in Article 19(1)(a) also include the exchanging of one’s individual's views and thoughts through any means, words spoken, painting, video, etc.;

« The right is not particularly an absolute right; it may be constrained by the government;

« Restriction may also be imposed by an action of a state as by its inaction on any individual. Thus, if the State does not guarantee its people the right to freedom of speech and expression, it is in violate of Section 19(1) (a).

Article 19 (1)(a) uses the phrase of ‘speech and expression’ which has tactic broader implications, also it states that and includes the right to print, and the right to advertise the information also the right regarding freedom of print is covered under article 19(1)(a).


In the case law of Odyssey Communications Pvt Ltd V. Lokvidyan Sangathan, the court stated that the right to show film on a state Channel is a part of fundamental right which is guaranteed under article 19(1)(a). in case the petitioner challenged the exhibition of a show on Tv ‘Honi Anhoni’ stating that it enhances and encourages the gullible and blind faith of viewers of the show. the petition was forbidden by the court on the grounds of the petitioner had failed to show the proof or the strong evidence.


Correspondingly, in the case, Tata Press Pt. Ltd. V. Mahanagar Telephone Nigam Ltd., the court stated that the freedom of speech and recognition and expression also includes commercial speech and commercial advertisement which could only be restricted under the article 19(2). It was also held or stated that advertising which is close to a commercial transaction, is in any case propagation of information with respect to the product advertised. Information given through advertisements is constructive for the public at hefty.


LIMITATIONS OF FREEDOM OF EXPRESSION


There are certain grounds on which the Constitution of India which states precincts. Article 19 (2) of the India Constitution states that it empowers to in still the reasonable restrictions on the following ground:


1. Security and Safety of the State

2. Friendly associations with foreign states

3. Public order

4. Graciousness and morality

5. Contempt of court

6. Defamation

7. Agitation to offence

8. Integrity and sovereignty of India.


The freedom of right to expression also includes the right to permission information because this right is meaningless when the others are prevented from knowing or listening. It is according to this amplification that the right to information is also a fundamental right The supreme court has also ruled out freedom speech and expression also includes artistic speech and expression.

The liberty to express opinions and ideas without hindrance or the obstacles and especially without any fear of getting punished which plays an important and noteworthy role in the development of that particular society and then finally for that state. Free expression cannot be equated or confused with a license to make unfounded and irresponsible allegations against the judiciary.


The freedom of expression is regarded one of the basic elements of a healthy and a good democracy for it allows its citizens to participate fully and effectively in the social and political process of the country. It gives a way greater scope and gives a great meaning to the citizenship of a person or a citizen extending the concept and level of basic understanding and existence to giving person a political and social life. The freedom of speech and expression is available only to the citizens of India and not to the alien enemies and foreign nationals.


The advancement in technology or the rebellion in communication and electronic media has tapering the gap of interim obstacles or we can say that it has diminished transmission of the information possible, even to the other parts of the world within a segments of second.

In the case of Maneka Gandhi V. Union of India, the Supreme Court analysed whether Article 19 (1) (a) of the Indian Constitution was confined to the Indian territory and finally held that the freedom of speech and expression was not confined to the national boundaries.



CONCLUSION


Absolutely free of speech and expression is pretty much important to each and everybody and it is much meaningful to be protected, but to make minority also an enjoy the benefit pf free speech, it is very important for government to make a protection or to safeguard them. But other than protecting and safeguarding it there should be reasonable and proper nexus between restrictions and achievements of the public order. Free discussion and analysis of diverse ideas will, result in the prosperity of mind rather than the unfavourable effects it is assumed to bring. And hence, it is the most important fundamental right.

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