Limitations to Right of Expression | Constitution of India
AUTHOR : AKSHU RANA
Introduction
Right to Expression is a foundational human right of the greatest importance. It is a lynchpin of democracy, key to protection of all human rights, and fundamental to human dignity in its own right. Universally it is recognized that it is not absolute right, and every democracy has developed a system of limitations on freedom of expression.
International Law provides a general test for a three parts test for asserting restrictions on freedom of expression, and this test has been elaborated in numerous judgements by international courts tasked with oversight of international human right treaties. National courts often interpreting constitutional guarantees have also helped elaborate the precise meaning of the test for restrictions on freedom of expression.
Limits to Right to Freedom of Expression
Limitations on freedom of expression are made comparatively explicit in the formal agreements on human rights drawn up by the government.
Essential ingredients of right to freedom of speech and expression are :
- It is given to only citizens of India.
- Right included in Article 19(1) also includes an individual sharing his/her opinions and thoughts.
- Not an absolute right, restricts can be made
- Restriction can be imposed on citizens by an action of the state as by inaction.
Restrictions of Freedom of Expression
1. Security of the state
As it is of great importance and the government has the power to put restrictions on the activities which affect the security of the state.
2. Sovereignty and integrity of India
This was added to Article 19(2) by the Constitution (16th Amendment) Act, 1963; as it is the foremost duty to maintain the sovereignty and integrity of India. This imposes a restriction on freedom of speech and expression and does not permit anyone to challenge the sovereignty of India. It restricts everyone from saying something causing threat to the integrity of India.
3.Friendly Relations with Other States
A state can impose restriction on freedom of speech and expression if it affects the friendly relations with the other states. It was added to the Constitution of India by (1st Amendment Act), 1951. It is to be noted that no other constitution in the world has a similar provision on it.
4. Public Order
The Constitution (1st Amendment) Act, 1951; also added this ground to the constitution, so as to meet the circumstances emerging from the Supreme Court’s decision. In the case of Ramesh Thapar v. State of Madras, the Supreme Court held that public order is different from the security of the state and from law and order. In case of local breaches of public order there are no grounds for imposing restriction on public order. The Supreme Court said that public order is an expression of public peace, public safety and tranquility.
There was a ban on a journal in this case by the law in the state of Madras in the interests of public order. Court held that restrictions imposed by the government were on the grounds mentioned in Article 19(2). So, in the case, the decision was added to Article 19(2) to impose certain restrictions on the freedom of speech and expression.
5. Decency and Morality
These words are defined in Section 292 to Section 294 of IPC. It empowers the government to put restrictions on freedom of speech and expression under this. These sections of IPC restrict the distribution or sale of obscene books in public.
6. Contempt of Court
The right of freedom of speech and expression don’t allow anyone to contempt of court. Reasonable restriction can be imposed on freedom of speech and expression. Contempt of court is defined in Section 2 of Contempt of Courts Act, 1971. It covers both civil and criminal contempt as well. Now contempt law was amended in the year 2006 and it was added to make truth as defence.
7. Defamation
Article 19(2) imposes a restriction on a person to prevent him from making a defamatory statement which defines the reputation of another person. As a person is known by his/her reputation in the society, there are restrictions on freedom of speech. Defamation is a crime under Section 499 and Section 500 of Indian Penal Code. Right to freedom of speech and expression doesn’t give any person an absolute right. It doesn’t give a right to a person to hurt any other person’s reputation.
8. Incitement of the offence
The constitution (1st amendment Act), 1951 added the incitement to an offence ground. The right to freedom of speech and expression prohibits people from committing an offence. The word ‘offence’ is defined in the General Clauses Act which states that offence is an act or omission done by person and is punishable by any law for the time being in force.
It is very evident from the above analysis that these are the grounds contained in Article 19(2) which are concerned about the national security of India and the interest of society. The grounds such as the sovereignty of India, the security of the states, public order and friendly relation with foreign states are concerned with national security. Whereas grounds related to it in the interest of society are decency and morality, contempt of court, defamation and incitement to an offence.
Freedom of Press
It is implicit in the right to freedom of speech and expression. It gives the right to freedom of speech and expression. The right to share and propagate their views through television, radio or through print media. With objects and perspectives, the preamble of the Indian Constitution guarantees to all citizens, freedom of thought, love, expression and belief. The established importance of the ability to speak freely comprises in the preamble of constitution and is viewed as a basic human right embedded in Article 19(1) as “the right to speak freely and to express.”
Freedom of Expression and Social Media
Social media contains basically web and cell phone based instruments for sharing information and talking. It mixes innovation, broadcast, word, picture and social association and gives a stage to convey through words, pictures, movies and music. Online networking incorporates electronic and mobile technologies used to transform communication into interactive dialogue. Internet and social media have become a specialized instrument through which people can practice their privilege of freedom of expression and exchange their thoughts and information. In the previous years, a growing movement of individuals around the globe upholding the change, equity, correspondence, the responsibility of the incredible and regard for human rights have been seen.
In such developments, the internet and social media have frequently assumed a key job by empowering individuals to connect and exchange information in a split second and by introducing a feeling of solidarity. Everyone has the right to opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 19(1) of the Constitution of India likewise gives to the residents of India the right to freedom of speech and expression. This freedom implies the opinion to communicate one’s feelings and conclusions freely by speech, composing, pictures or some other mode. It also includes the right to propagate or publish the views of other people. It also includes the right to propagate or publish the views of the people.
Should freedom of expression have limits?
Right to freedom is a very comprehensive domain whereby citizens are entitled to be free with this regard to their movement, occupation, assemblies, etc. Moreover, everyone has a duty towards the state, one should use freedom of express in a way that should not hinder the right of another. Moreover, everyone has a duty towards the state, one should use freedom of expression in a way that it should not provoke any person or incite violence.
Similarly, with the rights so conferred there has a consequence, if its domain is not circumscribed.
Security of the state, friendly relations with foreign states, public order, decency and morality, contempt of court, defamation, incitement to an offence and sedition are certain restrictions given by the legislation.
While having the overview of these restrictions it is evident that the intention of the legislature by giving a right to freedom is to look after other interests as well, including state and individuals. Without restrictions being imposed these rights will lose their value and every individual or state entity will lose their boundary they live in and encroach upon others rightful enjoyment.
Conclusion
Every citizen of India enjoys the rights of freedom and expression guaranteed under Article 19(1)(a) of the Constitution of India. Expressing one’s opinions or views through speech is the right of every individual. It is not limited to only expressing one’s views through words but an individual has the right to circulate those views or opinions in writing, through advertisement or through audio visuals. Right to freedom of speech and expression also comprises the right to information, right to press, right to broadcast, right to commercial speech. Reasonable restrictions can be imposed on the right of freedom of speech and expression under Article 19(2) of the Indian constitution. The right granted Article 19 is an absolute right. They can be restricted in case of national security and in the interest of society.
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