Freedom of Speech and Expression Article 191 a

Freedom of Speech and Expression, Article 19(1) (a) By: Poonam Kumari Assistant Professor Department of Law and Governance Central University of South Bihar Gaya

Article 19(1)(a)- Freedom of Speech and Expression • It secures to every citizen the freedom of speech and expression. • This clause should be read with Article 19(2) for reasonable restrictions to be imposed on freedom of speech and expression.

Contd. . . • The freedom of speech and expression means the right to express one's conviction and opinions freely by word of mouth, writing, printing, picture or any other mode. • A democratic govt. attaches great importance to this freedom because without the freedom of speech appeal to reason, which is the basis of democracy, cannot be made.

Freedom of Press under Article 19(1)(a) • Freedom of press is one of the facet of freedom of speech and expression. • Unlike US Constitution, it is not expressely mentioned in Indian Constitution. • Lord Mansfield had advocated for the liberty of press in England in 1784. • Freedom of Circulation ensures the freedom of propagation of ideas.

Important case Laws • Romesh Thappar v. State of Madras, AIR 1950 SC 124 • In this case, the notification banning the entry into or the circulation, sale, or distribution in the State of Madras or any part of it of the newspaper entitled'Crossroads' published at Bombay was held invalid, because, ”without liberty of circulation, the publication would be of little value. ”

Sakal Paers(P) Ltd. v. Union of India, AIR 1962 SC 305 • The Daily Newspaper (Price and Page) Order, 1960, fixed the number of pages and size which a newspaper could publish at a price. • It was challanged by the petititoner on the ground that it infringed the liberty of the press enshrined in Article 19(1)(a). • State justified the order on the name of reasonable restrictions on business activity of a newspaper in the interest of the general public.

contd. . . • The court accepted the plea of the petititoner that the order affected the circulation and so restrained the dissemination of news and views which a newspaper had the freedom to do. • The order was struck down and held to be inoperative.

Bennett Coleman Co. v. Union of India, AIR 1973 SC 554 • Freedom of speech and expression is not only in the volume of circulation but also in the volume of news and views. • The Import Policy for Newsprint for 1972 -73, along with the Newsprint Control Order, 1962 issued under Section 3 of the Essential Commodities Act, 1955 was in question, as it provided for: • (i) bar on starting newspapers or editions by common ownership unit,

contd. . • (ii) rigid limitation of ten pages • (iii) bar on interchangeability within common ownership unit, • (iv) allowance of 20 per cent page increase only to newspaper below ten pages. • The court struck down the policy as being violative of Article 19(1)(a).

Commercial Advertisemnet and freedom of speech and expression • Commercial advertisement does not fall within the protection of freedom of speech ad expression. • Such advertisements have an element of trade and commerce. • Thus, a law which puts restrictions on the publication , through press or other means of advertisement to promote the sale of certain goods does not violate the rights to free speech of the press.

CONTD. . . • Now the perception is changing. • Any advertisement consisting of commercial nature but some information and awareness could be considered as a part of freedom of speech and expression. • Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd. , AIR 1995 SC 2438.

Dramatic performances (film, theater, drama etc. ) • Dramatic performacne is a form of speech and expression. • Prior-censorship of films is permitted • The Cinematograph Act, 1952, the Censor Board of India. • K. A. Abbas v. Union of India, AIR 1971 SC 481 • 'Tale of Four Cities, got “A” certificate instead of “U” demanded by the filmmaker.

Right to Know as freedom of speech and expression • The right to know, receive and impart information has been recognised witihin the freedom of speech and expression. • Prabha Dutt v. Union of India, AIR 1982 SC 6 • Right to information is the extention of Right to know.

Reasonable restrictions under Article 19(2) • Article 19(2) specifies the limits up to which the freedom of speech and expression may be restricted. • It enables the legislature to impose reasonable restrictions on the right to free speech under the following heads:

contd. . . • • (1) Security of the State. (2) Friendly relations with foreign states (3) Public Order (4) Decency and Morality (5) Contempt of Court (6) Defamation (7) Incitement to an offence (8) Sovereignty and integrity of India

THANK YOU