SC RULING ON FREEDOM OF SPEECH

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• A Constitution bench of the Supreme Court was unanimous on the issue that the right to free speech needed no additional restrictions.
  • The bench said that “the grounds mentioned in Article 19(2) for restricting the right to free speech are exhaustive”.
• The Court verdict came in the case of “curbing free speech of public functionaries”, the case was related to the statement made by a Minister in Uttar Pradesh Government who termed the horrific 2016 gang-rape incident as an “opposition conspiracy” to defame the government.

Details

• The Court ruled that no additional restrictions could be imposed on the fundamental right to freedom of speech and expression.
  • The court also highlighted that the existing “reasonable” restrictions under Article 19(2) of the Indian Constitution are “exhaustive”.
• The bench voted in the favor of freedom of speech and stated that the role of the courts is to protect fundamental rights and not to insert more restrictions on them.
• The court highlighted that “The restrictions under Article 19(2) are comprehensive enough to cover all possible attacks on the individual, groups/classes of people, the society, the court, the country, and the State”.

Freedom of Speech and Expression under the Indian Constitution

• The right to freedom of speech and expression is a Fundamental Right under Article 19.
• It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner.
• The Supreme Court in several verdicts held that the freedom of speech and expression includes the following:
  • Right to propagate one’s views as well as the views of others.
  • Freedom of the press.
  • Freedom of commercial advertisements.
  • Right against tapping of telephonic conversation.
  • Right to telecast, that is, the government has no monopoly on electronic media.
  • Right against bundh called by a political party or organisation.
  • Right to know about government activities.
  • Freedom of silence.
  • Right against the imposition of pre-censorship on a newspaper.
  • Right to demonstration or picketing but not right to strike.
• The State can impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of;
  • Sovereignty and integrity of India.
  • Security of the State.
  • Friendly relations with foreign states.
  • Public order.
  • Decency or morality.
  • Contempt of court.
  • Incitement to an offence.

https://timesofindia.indiatimes.com/india/right-to-free-speech-cannot-be-curtailed-further-supreme-court/articleshow/96720155.cms