There cannot be a democratic society without the fundamental right to freedom of

expression. The progress of society and the development of every individual depend
on the possibility of receiving and imparting information and ideas.
This freedom is not only applicable to expressions that are favourably received or
regarded as inoffensive but also to those that may shock, offend or disturb the state or
any sector of population.
Freedom of expression is the cornerstone of any democratic society. It is a basic
human right to be enjoyed by all peoples, regardless of cultural, religious, ethnic,
political formation or other backgrounds.
Freedom of speech and expression is the freedom to speak freely without censorship
or limitation. It is used to denote not only freedom of verbal speech but any act of
seeking, receiving and imparting information or ideas, regardless of the medium used.
Freedom of expression and freedom of speech are closely related to, yet distinct from,
the concept of freedom of thought or freedom of conscience.
Based on John Stuart Mill's arguments, freedom of speech and expression today is
understood as a multi-faceted right that includes not only the right to express, or
disseminate information and ideas, but three further distinct aspects:
i) The right to seek information and ideas
ii) the right to receive information and ideas
iii) the right to impart information and ideas.
International, regional and national standards also recognize that freedom of speech
and expression, include any medium, be it oral, written, in print, through Internet or
through art forms.
The right to freedom of speech and expression is recognized in International and
regional human rights law. It is privileged to every Citizen of India by the constitution
of India under article 19(1) of the constitution.
It includes the right of a person to make his opinions and thoughts known or heard to
others and to hear the opinions and thoughts of his fellow man.
A person acquires several other rights from the Right of Expression which the law
provides. Among these are the right to get information and to perceive and
acknowledge the information.
Right to demonstrate once thoughts and opinions or to form an assembly is also
extracted from the right of expression. It also includes the right to hear music, read
books, watch plays and movies, write books or plays.
Basically, right of expression is the assortment of rights with the right of being heard
and to hear at the core of it and the other rights abutting it.
Freedom of expression Is a complex system coiled with liberties and rights. There are
various facet to this right which cannot be explained by a single explanation but
various conclusions and discourse to justify this right.
An individual need to form an opinion which is free of all the confines and is filled with
inventiveness, imagination, expressiveness, vision, artistry, desires, and gives boost
to his spirits.
It is the freedom of the society to communicate views and opinions with each other
without dismay and intolerance, to persuade or influence one another so as to
strengthen, secure and develop the democratic administration.
It is important to notice that a Liberty of an individual should not outrage or affront the
liberty of any other individual.
FREEDOM OF SPEECH AND EXPRESSION IN INDIA
Article 19 of the constitution of India grants certain rights to its citizen which forms
the basic fundamentals of the constitution and any laws made in contradiction of it will
be null and void. Freedom of expression is stated in article 19(1) which states it as —
1) All citizens shall have the right

• to freedom of speech and expression;

• to assemble peaceably and without arms;
• to form associations or unions;
• to move freely throughout the territory of India;
• to reside and settle in any part of the territory of India; and omitted
• to practice any profession, or to carry on any occupation, trade or business

Nonetheless the government has laid certain restrictions as to this right which is laid
in article 19(2) of the constitution-
 (2) Nothing in sub clause (a) of clause (1) shall affect the operation of any existing
law, or prevent the State from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right conferred by the said sub clause in
the interests of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence.

IMPORTANCE OF FREEDOM OF SPEECH AND EXPRESSION

The importance and need of the freedom of speech and expression can be
understood from the following:

1. In a democracy, the freedom of speech and expression is one of the prime

liberties granted to the citizens. It forms a foundation for other rights granted
to citizens, such as the freedom of the press. Freedom of the press, in turn,
helps in inculcating a better-informed public and electorate.
2. It ensures that citizens can express their opinions freely and also hold their
political leaders accountable. Also, this freedom ensures that important
information is legally shared and circulated among citizens.
3. It also provides a platform to make the marginalized and minority voices
heard. Issues that concern these groups can be highlighted and brought to the
forefront by using the right to freedom of speech and expression.
 4. The freedom of speech and expression protects the creative license of artists
and allows them to develop and share ideas freely. These can be academic
writings, satirical work, theatre, cartoons, visual arts, and stand-up comedies.

LIMITS TO FREEDOM OF SPEECH AND EXPRESSION

The right to freedom of speech and expression is not absolute and has been
reasonably restricted by the Constitution of India under Article 19(2). The grounds for
imposing these restrictions are:

Sovereignty and Integrity of India

India gained its sovereignty after 200 years of colonial rule and established itself as
an independent state wholly responsible for its internal affairs. Hence, citizens have
been restricted to make statements that can harm this hard-earned sovereignty and
hurt the integrity of the nation. This ground was added in 1963 through
the Constitution (Sixteenth Amendment) Act to impose restrictions on individuals or
groups that were instigating secessionist movements in the country.

Security of the State

The government has the right to deny the freedom of speech and expression to
protect the security of the State. However, the threats against security must be an
aggravated threat to public order, such as rebellion, insurrection, waging war against
the State, etc.

To maintain friendly relations with foreign states

In a globalized world with unequal power relations, maintaining positive relations with
neighbouring countries and other countries is significant. Hence, if a person’s freedom
of speech and expression threatens to hinder these relations or harms the country’s
international relations, it can be restricted. This is essential to curb malicious actions
by some to jeopardize the reputation of the country.
 Decency and Morality
One’s speech and expression must be decent and moral. It should not go against the
morals of contemporary society. Restrictions on freedom of speech and expression
imposed in the interest of decency and morality can be found in Section
292 to Section 294 of the Indian Penal Code, they deal with content that is deemed to
be obscene. However, it must be noted that standards of decency and morality evolve
and change along with society and are not static. The Hicklin test which originated in
England is one of the tests to determine the decency or morality of a publication by
checking its effect on the most vulnerable members of society.

Contempt of Court
The judiciary holds great value in a democracy and hence to maintain its stature and
preserve public trust in the institution, free speech and expression can be curbed.
This is important to ensure that the courts are not vandalized or jeopardized.
Contempt of Court is punishable under Article 129 and Article 215 of the Constitution
by the Supreme Court and High Courts respectively.

Defamation
Defamation is a criminal offence under Section 499 of IPC. The right to freedom of
speech and expression is not an ultimate license to defame another person and
hinder their reputation. Hence, the right to free speech and expression does not
provide anyone with the immunity to tarnish another person’s reputation in society. If
defamation is committed in the form of spoken words, it is called slander, if the same
is committed in a permanent form, written or printed, it is called libel.

In the case of Subramanian Swamy v. Union of India, the validity of Section 499
and Section 502 of IPC were challenged. While upholding the validity of these
provisions, the court stated that to protect the freedom of speech and expression, the
reputation of individuals cannot be “allowed to be sullied. It asserted that the right to
freedom of speech and expression is not absolute and has to follow a social interest.
It also said that the right to reputation is included under the right to life, granted
by Article 21 of the Constitution.

CONCLUSION
“ To suppress free speech is a double wrong. It violates the right of the speaker, as
well as those of the hearer.”

– Frederick Douglass

While the right to freedom of speech and expression is sacred to individual autonomy,
liberty, and democracy in the contemporary world, it cannot be absolute and
indisputable. With rights come responsibilities and hence it is the responsibility of the
citizens to make judicious use of their rights and use it for the right reasons. This will
help protect the spirit of the right. It has often been questioned as to how far the right
to freedom and expression be allowed and where one needs to draw the line to one’s
liberty. We have heard the principle that one’s right and freedom should not serve as
another’s hindrance and inconvenience. Our right is absolute only until it does not
disturb our neighbour. Hence, we can exercise our right to freedom of speech and
expression as long as it is not hateful and defamatory to another person or it incites
violence in the country. Criticism is not just allowed but is welcomed in a democracy,
to strive to qualitatively improve our laws, criticism is necessary. But, this criticism
must be fair and should not act as a double-edged sword that aims to express and
create distress in the country. Due to the nature of this right, some degree of
subjectivity will always exist, yet it is hoped that the article was able to make clear
some boundaries of the freedom of speech and expression.