BYNIYATHI KALRA

RIGHT TO FREEDOM OF SPEECH AND EXPRESSION

ARTICLE 19 (1)(A)

Article 19(1)(a) says that all citizens shall have the right to freedom of speech and expression.

This right is available only to a citizen of India and not to foreign nationals.

REASONABLE RESTRICTIONS

Article19(2) This right is subject to the power of the State to

make any laws imposing reasonable restrictions on such right- In the interests of- The sovereignty and integrity of India The security of the State Friendly relations with foreign states Public order Decency Morality In relation to- Contempt of court Defamation Incitement to an offence

Further restrictions have been imposed on the freedom of speech and expression by Article 51A defining fundamental duties of a citizen (42nd Amendment in 1976). Under Article 51 A, no one should in exercise of the freedom of expression or of the press do any of the following acts: -

to disparage the constitution, its ideals and institutions, the National Flag or the National Anthem;

to undermine the sovereignty, unity and integrity of India; to disrupt the spirit of common brotherhood among all the

people; and to insult the rich heritage of our composite culture.

FREEDOM OF PRESS Under the Freedom of Speech and Expression, there is no

separate guarantee of freedom of the press and the same is included in the freedom of expression, which is conferred on all citizens.

Virender Vs. State of Punjab, AIR1958, SC. 986 Sakal Papers Vs. Union of India AIR.1962 S.C. 305

It has also been held by this judgment that freedom of the press under the Indian Constitution is not higher than the freedom of an Ordinary citizen.

It has been held by Court in the above cases that press is not immune from paying taxes, from following labour laws, regulating services of the employees, law of contempt of the Court, law of defamation and with respect to regulation of commercial activities of a newspaper.

Article 10 of the European Convention of Human Rights also states as under : -

"Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."

The right to get information in a democracy is recognized in all the countries. It is a natural right flowing from the concept of democracy [Article 19(l)(2)] of the International covenant of Civil and political rights, of which India is a signatory, speaks as under: -

Everyone shall have the right to hold opinions without interference.

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

S.66 A OF IT ACT,2008 66 A Punishment for sending offensive messages through communication service, etc.

( Introduced vide ITAA 2008)

Any person who sends, by means of a computer resource or a communication device,-

a)any information that is grossly offensive or has menacing character; or

b)any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

c)any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail

Message" means a message or information created or transmitted or received on a computer,

computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

S.66A- AN UNREASONABLE RESTRICTION?

Cases that were filed under this section- February 6,2013- Sanjay Chaudhary arrested Manoj Oswal arrested Jadavpur University Professor Ambikesh Mahapatra for a political

cartoon about West Bengal Chief Minister Mamata Banerjee Businessman Ravi Srinivasan in Puducherry for an allegedly

defamatory tweet against the son of Union Finance Minister P. Chidambaram

Two Air India employees, who were jailed for 12 days for allegedly defamatory remarks on Facebook and Orkut against a trade union leader and a politician.

Aseem Trivedi’s case November,2013- Arrest of Shaheen Dadha and her friend Renu

Srinivasan, for a comment posted on Facebook that questioned the shutdown of Mumbai following the demise of Shiv Sena supremo Bal Thackeray. 

Chief Justice of the Supreme Court of India, K.G. Balakrishnan, while refusing to initiate criminal proceedings against Hussain for allegedly “hurting public sentiments” and the “national pride of Indians”, said: “There are so many such subjects, photographs and publications. Does the sentiment of the petitioner get scandalized by the large number of photographs of erotic sculptures which are in circulation? Will you file cases against all of them? “What about temple structures? “It (Hussain’s work) is art. If you don’t want to see it, don’t see it. There are so many such art forms in temple structures.”

SEC 124A AND SEC 505 OF IPC

Sec 124 A as also Sec 505 of the IPC should be so construed as to limit their application to acts involving intention or tendency to create disorder or disturbance of law and order, or incitement to violence

Kedarnath Singh v. State of Bihar AIR 1962 SC 955;(1962) 2 Cr LJ 103

The authorship of seditious material alone is not the gist of the offence of sedition. Distribution and circulation of seditious materials may also be sufficient.

Raghuvir Singh v. State AIR 1987 SC 149; 1987 Cr LJ 157

The SC has held that S. 123(5) and 124(5) of the Representation of the People Act does not interfere with a citizen’s fundamental right to the freedom of speech; rather, it merely prescribes the conditions to be observed if a person wishes to become a member of the Parliament.

Jamuna Prasad v. Lachhi Ram AIR 1954 SC 686

Of course, there’s a second path

There, lined with grime

In which someone is someone

And not just a mime.

In which someone is real,

Genuine, true

But the Government doesn’t care

They haven’t a clue

How people feel

Without their expression

How people feel

Under all this suppression

And now we are mice

Wild rats, no one leading

All that we do

Is chew books without reading.

-Anonymous