Over the years, judicial creativity, judicial wisdom and judicial craftsmanship have widened the scope of freedom of speech & expression by including in it the following aspects-
- Freedom of Press:
Democracy can thrive through vigilant eye of Legislature but also care and guidance of public opinion and press par excellence. Freedom of speech include right to propagate one views through print media or any other communication channel e.g radio, television subject to reasonable restrictions imposed under Article 19(2). Supreme Court declaring freedom of press as a part of freedom of speech and expression. Patanjali Sastri, J.,rightly observed that- Freedom of Speech and of Press lay at the foundation of all democratic organisations, for without free political discussion, no public education, so essential for the proper functioning of the process of Government, is possible.
In the case of Indian Express v. Union of India,(1985) 1 SCC 64, it has been held that the Press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom.
Freedom of Press includes freedom of publication, freedom of circulation and freedom against pre-censorship.
- Freedom of Commercial speech:
In Tata Press Ltd. Vs. Mahanagar Telephone Nigam Ltd., the Supreme Court held that a commercial advertisement or commercial speech was also a part of the freedom of speech and expression, which would be restricted only within the limitation of Article 19(2). Supreme Court held that advertising, which is no more than a commercial transaction, is nonetheless dissemination of information regarding the product-advertised. Public at large are benefited by the information made available through the advertisements. In a democratic economy, free flow of commercial information is indispensable.
- Right to Broadcast:
The concept speech and expression has evolved with the progress of technology and include all available means of expression and communication. This would include the electronic and the broadcast media.
In Odyssey Communications (P) Ltd .v. Lokvidayan Sanghatana, the Supreme Court held that the right of a citizen to exhibit films on the State channel, “ Doordarshan is part of the fundamental right guaranteed under Article 19(1)(a). In this case, the petitioners challenged the exhibition on Doordarshan of a serial titled Honi Anhonion on the ground that it encouraged superstitious and blind faith amongst viewers. The petition was dismissed as the petitioner failed to show evidence of prejudice to the public.
- Right to information:
The freedom of ‘speech and expression’ comprises not only the right to express, publish and propagate information, it circulation but also to receive information. This was held by the Supreme Court in a series of judgements which have discussed the right to information in varied contexts from advertisements enabling the citizens to get vital information about life-saving drugs, to the right of sports lovers to watch cricket and the right of voters to know the antecedents of electoral candidates.
The Supreme Court observed in Union of India v. Assn. for Democratic Reforms, “One-sided information, disinformation, misinformation and non-information, all equally create an uninformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinions”.(2002) 5 SCC 294.
- Right to criticise:
In S. Rangarajan v.P. Jagjivan Ram, everyone has a fundamental right to form his opinion on any issues of general concern. Open criticism of government policies and operations is not a ground for restricting expression. Intolerance is as much dangerous to democracy as to the person himself. In democracy, it is not necessary that everyone should sing the same song.
- Right to expression beyond national boundaries:
In Maneka Gandhi vs Union of India, the Supreme Court considered whether Article 19(1)(a) of Indian Constitution was confined to Indian territory and held that the freedom of speech and expression is not confined to National boundaries.
- Right not to speak or Right to silence is also included in the Right to speech and expression.
In the case of National Anthem, three students were expelled from the school for refusal to sing the national anthem. However, the children stood up in respect when the national anthem was playing. The validity of the expulsion of the students was challenged before the Kerala High Court and they upheld the expulsion of the students on the ground that it was their fundamental duty to sing the national anthem. However, on an appeal being filed against the order of the Kerala High Court before the Supreme Court, it was held by the Supreme Court that the students did not commit any offence under the Prevention of Insults to National Honour Act, 1971. Also, there was no law under which their fundamental right under Article 19(1) (a) could be curtailed. Bijoe Emmanuel v. State of Kerala 1986 3 SC 615.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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