Article 19(1)(a) uses the phrase ‘speech and expression’, that has a broader

implication. It also includes the right to communicate, the right to print, and the right
to advertise the information. The right to freedom of press is also covered under
Article 19 (1) (a).

Freedom of press

The freedom of press is implicit in the right to freedom of speech and expression. It
gives rights 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 changed as a basic and human right in Article 19(1)(a) as “the
right to speak freely and to express”.

• Union of India v. Association of Democratic Reforms

In this case, the Supreme Court held that the uneven data, disinformation, deception

and non-information, all similarly make an uninformed citizenry which makes

democracy a joke. The right to speak freely and to express incorporates the right to

give and receive information which includes freedom to hold opinions.

• Romesh Thapar v. State of Madras

In this case, the Hon’ble Court held that the freedom of press is a part of freedom of

speech and expression. It was observed that the Freedom of Speech and of Press lay

at the foundation of all democratic organizations, for without free political discussion,

no public education, so essential for the proper functioning of the process of

Government, is possible. In this case, the state puts a restriction on entry and

circulation of the English Journal named as ‘Crossroad’. Journal is printed and

published in Bombay, which is banned by the State of Madras. The court held that to

be a violation of freedom of speech and expression without circulation of a journal,

mere publication of it is of little value.

In this case, the Court held that the press plays a very important role in the

democratic machinery. In the present free world, the opportunity of press is the core

of social and political intercourse. The press has now expected to do the job of the

teacher making formal and non-formal instruction conceivable in an enormous scope

especially in the developing world, where TV and different sorts of communication

are not as yet accessible for all areas of the society. The motivation behind the press

is to advance the public interest by distributing realities and assessments without

which a popularity based electorate [Government] can’t make responsible decisions.

Papers being purveyors of news and perspectives having an orientation on open

organization all the time conveys material which would not be satisfactory to

Governments and different authorities.

• Brij Bhushan v. State of Delhi

In this case, the Supreme Court struck down the validity of order for forcing pre-

censorship on an English Weekly of Delhi which coordinated the editorial manager

and publisher of a paper to submit for scrutiny, in copy, before the production, every

single common issue, all the issues and news and perspectives about Pakistan,

including photos, and kid’s shows, on the ground that it was a limitation on the

freedom of the press.

Freedom of expression and social media

talking information. It mixes innovation, broadcast communications, 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

The Internet and Social Media has become an essential 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 moment of

individuals around the globe individuals upholding for change, equity,

correspondence, the responsibility of the incredible and regard for human rights. 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. It is seen that the right to freedom of speech

and expression is perceived as a principle directly in whatever medium it is practiced

under the Constitution of India. Furthermore, in the light of the developing utilization

of web and online life as a mode of practising this right, access to this medium has

likewise been perceived as a fundamental human right.

Everyone has the right to freedom of 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 option to communicate one’s

feelings and conclusions freely by speech, composing, printing, pictures or some

other mode. It also includes the right to propagate or publish the views of other

people. Article 19(2) provides certain grounds for imposing reasonable restrictions on

this right. Only content that falls within these parameters as authorized by law could

legitimately be considered “objectionable”. Rather than defining a new category

of“objectionable speech”, what therefore would be useful is to assess all of India’s

laws and policies as they relate to freedom of expression against these standards set
by the Constitution. This would ensure that the distinction between content that is

socially objectionable and that is legally objectionable remains firmly in place, as it

should be.

In the case of Anuradha Bhasin v. Union of India, the petitioner challenged the

internet shutdown in the state of Jammu and Kashmir. The Court held that the

“freedom to access the internet” is a fundamental right and it is protected under

Article 19 (1) (a); the freedom of speech and expression of the Indian Constitution.

The requests of suspending the internet were put on hold under the Internet

Suspension Rules were dependent upon judicial review, the court, however, avoided

considering the shutdown in the Union Territory as illegal.

Should freedom of expression have limits?

free with regard to their movement, occupation, assemblies etc. But as it is said that a

right of one 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 every right so conferred has a

consequence if its domain is not circumscribed. Hence, this right is not absolute but

comes with certain restrictions. The restrictions that are in coherence with the

national interest can be illustrated as-

Security of State, Friendly relations with foreign states, Public Order, Decency and

Morality, Contempt of Court, Defamation, Incitement to an offence, Sedition.

While having an overview of these restrictions it is evident that the intention of the

legislature by giving a right to freedom is to look after others interest as well,

highly chaotic for the courts to balance the rights amongst different entities of the

State. The rights and duties go hand in hand and never be looked through different

visions. For example, my right to freedom of speech cannot take away the dignity of

some other individual, hence defamation as a restriction comes to the rescue. In a

healthy democracy, it is very essential to keep a bay with people’s rights. Courts in

India have several times come into being for interpretations and reasonable

application wherever there is a conflict. Without restrictions being imposed these

rights will lose their value and every individual or state entity will lose the boundary

they live in and encroach upon others’ rightful enjoyment.

Conclusion
Every citizen of India enjoys the rights of freedom of speech 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 a right to circulate

those views or opinions in writing, through advertisements or through audiovisuals.

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 to freedom of speech and expression under Article 19 (2)

of the Indian Constitution. The rights granted under Article 19 is not an absolute

right. They can be restricted in case of national security and in the interest of society.