RESEARCH PAPER

FREEDOM OF SPEECH IN INDIAN

CONSTITUTION AND IN VIRTUAL WORLD

SUBMITTED TO:- SUBMITTED BY:-

Dr.Meenu Gupta Pragati Goel

LLM (CB&IL)
Abstract
The study “Freedom of Speech in Indian Constitution and in Virtual World” looks at the
evolution of the media, as well as the laws and bodies that regulate media regulations in India, as
well as judicial rulings on the subject. Because freedom of speech and expression encompasses a
wide range of topics, the current study focuses solely on its implications for media law, such as
print media and electronic media, which compete with social media in terms of free speech.

Though the media does not have explicit freedom of speech and expression anywhere in the
Indian Constitution, it has been granted by many judicial decisions from time to time. Similarly,
there are several other modes of media in which freedom of speech and expression may be
questioned, including entertainment channels, films, serials, and commercials, all of which have
frequently come up with situations of being restricted for various reasons. The present study is
limited only to freedom of speech and expression with reference to print and electronic media.

The research examined how social and electronic media have used/misused freedom of speech
and expression, as well as acceptable constraints on it. The Indian Constitution does not include
media freedom; however court rulings by the Hon'ble Supreme Court have established media
freedom of speech and expression. However, by engaging in sponsored media, media trials, sting
operations, and other similar activities, the same is frequently ignored and misused.
Table of Content
1. Introduction
2. Research Objective
3. Research Questions
4. Research Methodology
5. Legislative Framework
6. Freedom of Speech and Print Media
7. Freedom of Speech and Electronic Media
8. Conclusion
Introduction

In layman's terms, doesn't freedom of speech mean being free to say whatever you want,
whenever you want, about whatever and whomever you want? No.
Rather Freedom of Speech is “The right to seek, receives, and transmits information and ideas of
any type, by any means”. A person's right to freedom of speech and expression applies to all
ideas, even those that may be very offensive. However, it does come with obligations, and we
believe it can be legally limited.
The power or right to express one’s opinions without censorship, restraint or legal penalty is
known as Freedom of Speech. Unhindered flow of words in an open forum is the essence of free
society and needs to be safeguarded at all times. One’s opinions may, therefore, be expressed by
words of mouth, in writing, printing, pictures, or any other mode. This freedom includes a
person’s right to propagate or publish the views of other people.
In India, freedom of speech is guaranteed under Article 19(1) (a) of the Constitution of India.
Aside from this, various international conventions have also included provisions on freedom of
speech, such as the Universal Declaration of Human Rights (UDHR), the European Convention
on Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political
Rights, etc.

The Constitution of India is the basic document of the nation. Amongst various other provisions
that state the working of the executive, legislature and judiciary, it also sets down the rights,
duties and freedoms available to every citizen and the restrictions thereupon. These rights were
considered inevitable by the framers of Constitution in order to guarantee a proper living of all
citizens of the nation.
Article 19(1)(a) of the Constitution of India specifies that:
“All citizens shall have the right to freedom of speech and expression. “

The importance of the said freedom can be seen in the fact that the media, which has been
dubbed the "Fourth Pillar of Democracy," has also been granted freedom of speech and
expression, implying that even the major forms of media, such as print, electronic, and the
rapidly evolving social media, have been granted freedom of speech and expression while
performing their functions.

It is extremely important to the media since it expresses itself to the rest of the world. Its news
stories, news reports, articles, advertising, editorials, and other materials are read by everyone
who wants to keep up with the world's who's who.

Gone are the days when the major sources of communication, news and entertainment were just
selective national and local newspapers, All India Radio and Doordarshan. While newspapers
and magazines were the first forms of print media, they were eventually supplanted by electronic
media, which primarily included television and radio. Today's media provides a variety of new
modes of communication that are faster, easier, and more accessible than previous modes of
communication such as smart phones, computers, and tablets. It's inconceivable to envisage a
world without the many forms of media available today.
However, just as everything in excess becomes unhealthy and eventually dangerous, the media
can be held accountable for a number of problems that have arisen as a result of the freedom of
speech and expression that it has been granted.

Even judiciary has time and again recognized the freedom of press. Though neither the
Constitution of India nor the legislators have anywhere specifically provided for the freedom of
speech and expression as available to the press, the Indian judiciary has through its various
landmark judgments specified that the freedom of speech and expression as available to the
citizens of India is also available to the press and media houses.

RESEARCH OBJECTIVE

My research contains more than a single objective.

1. To study what does freedom of speech mean in virtual world comparing it to what it means in
Indian Constitution.
2. To see how different forms of media is related to freedom of speech.
3. In what ways is the freedom of speech helpful and what are the benefits of the same taken by
the people in real life.

RESEARCH QUESTIONS
To critically analyze the following questions:
1. What is freedom of speech?
2.How is freedom of speech in Indian constitution different from that in virtual world?
3. How is this right to freedom of speech exercised in real world?
4. How does media comes into picture while talking about freedom of speech?

RESEARCH METHODOLOGY
The research methodology comprises of all sources. These are provided as follows –
1. The Primary Source – Research having all facts and figures are taken from various books,
including various bare acts, original texts of jurists and theorists;
2. The Secondary Source – Various articles/research papers of NLU’s and ILI Law review have
been taken into account while putting together the materials for this paper.
3. Other Sources – Online publications, news articles, case studies, blogs and independent
opinions of various authors and intellectuals have also contributed towards this research.
Legislative Framework
The fundamental condition of liberty is the freedom of speech and expression. It is stated that
freedom of expression is the mother of all other liberties because it occupies a favoured and
important position in the hierarchy of liberty. In today's world, it is commonly understood that
the right to freedom of expression is essential to society and must be protected at all times. The
free flow of ideas in an open forum is the first principle of a free society. The freedom to
communicate one's thoughts and beliefs without impediment, and especially without fear of
punishment, is crucial to the growth of a society and, eventually, the state. It's one of the most
popular. It is one of the most important fundamental liberties guaranteed against state
suppression or regulation.
Under the Constitution, freedom of speech and expression is a crucial fundamental right. It is
essential for the growth of one's own uniqueness as well as the success of the parliamentary to
democratic transition. In a democracy, it is claimed that the right to free expression is not only an
individual's freedom, but also a community's right to hear and be educated.
The right to free speech and expression is protected not only by national constitutions and
statutes, but also by international treaties such as the Universal Declaration of Human Rights, the
European Convention on Human Rights and Fundamental Freedoms, and the International
Covenant on Civil and Political Rights.

In 1927, in Whitney v. California1, Louis Brandies J, made a classic statement on the freedom
of speech in the context of the U.S Constitution:
“Those who won our independence believed that the final end of the state was to make men free
to develop their faculties. They believed liberty to be secret of happiness and courage to be the
secret of liberty. They believed that the freedom to think as you will and to speak and assembly
discussion would be futile... that public discussion is a political duty; and that this should be a
fundamental principle of the American government.”

In Union of India v. Naveen Jindal and Anr. 2, the Indian Supreme Court ruled that citizens'
hosting of the National Flag is a form of free speech and expression.

Freedom of speech and Print Media

During the early years, print media, which involves delivering news, entertainment,
advertisements, and other information via paper in newspapers, magazines, tabloids, journals,
and other publications, was the only source of information. Due to the lack of development of
electronic media and the absence of social media, print media bore the brunt of the responsibility
of disseminating all types of news across the country. Because it was the only means of
communication, it spawned a slew of problems that were repeatedly challenged in the Supreme
Court.
In case of Srinivas vs. State of Madras3, it was held that the freedom of speech and expression
includes liberty to propagate not one’s views only. It also involves the right to spread or publish
other people's ideas. In case of RomeshThapper vs. State of Madras, the circulation of

1
274 U.S. 357 [1927]
2
Case No. Appeal[civil] 2920 of 1996
3
[30] 1943 P.C. 164
petitioner’s weekly journal was prohibited by Madras Government in their State by exercising
powers u/s. 9(1-A) of Maintenance of Public Order Act 1949. It was held that the expression
“freedom of speech and expression” connotes publication and thus the freedom of press is
included in this category. The goal must be the free dissemination of ideas, which can be done on
the platform or through the press.

In case of Re. Harijai Singh it was also held that the expression “freedom of the press” has not
been used in Article 19 but it is comprehended within Article 19(1)(a). The expression means
freedom from interference from authority which would have the effect of interference with the
content and circulation of newspapers. There cannot be any interference with that freedom in the
name of public interest. The purpose of the press is to advance the public interest by publishing
facts and opinions without which a democratic electorate cannot make responsible judgments.

Freedom of Speech and Electronic Media

In the case of R.K. Anand vs. Registrar 4Delhi High Court,the petitioner was filmed by the
media while attempting to bribe a key witness for gaining a deposition in favor of his client
Sanjeev Nanda. This sting was aired on NDTV alongwith story encouraging the fact that rich
could bribe their way out of any charge in criminal prosecution. The Delhi High Court issued suo
motu criminal contempt of court proceedings against R.K. Anand and the Supreme Court upheld
the judgment of the High Court holding him guilty. The defence of the media trial as contended
by Anand was refuted and efforts of the press were confirmed in the case as sting operation here
had served an important public cause.
Likewise, in the recent Muzaffarpur shelter home case, the Supreme Court held that there cannot
be a blanket ban as was imposed by Patna High Court on reporting of sexual abuse and rape
cases but at the same time, the media should treat cautiously while writing on such incidents. In
the instant case, 30 girls were allegedly raped and sexually abused over a period of time in the
Muzaffarpur shelter home. The Supreme Court in its judgment requested both print and
electronic media not to sensationalise incidents of sexual assault.348 The electronic media was
restrained from showing imaged of alleged rape victims even in blurred or morphed form
observing they cannot be compelled to “relive the trauma” again and again. It was also held that
such act on part of media was a cause of serious concern that alleged victims of sexual violence
were being interviewed a number of times and were made to repeat the incident. It said that
victims of child sex abuse can only be interviewed by members of National Commission for
Protection of Child Rights and State Commissions for Protection of Child Rights in presence of
counsellors.

In case of Printers (Mysore) Ltd. vs. CTO5, it was reiterated that even though freedom of press
is nowhere expressly guaranteed as a fundamental right in the Constitution, it is implicit in the
freedom of speech and expression. Freedom of press has always been a cherished right in all
democratic countries and the press has been rightly described as the fourth pillar of democracy.

4
29 July,2009 Appeal No. 1393 of 2008
5
1994 SCR [1] 682,1994 SCC[2] 434
In case of Sahara India Real Estate Corp. Ltd. vs. Securities and Exchange Board of India6,
the vitality of freedom of expression was declared in following words:
Freedom of expression is one of the most cherished values of a free democratic society. It is
indispensable to the operation of a democratic society whose basic postulate is that the
government shall be based on consent of the governed. But such a consent implies not only that
the consent shall be free but also that it shall be grounded on adequate information, discussion
and aided by the widest possible dissemination of information and opinions from diverse and
antagonistic sources.
Freedom of expression which includes freedom of the press has a capacious content and it is not
restricted to expression of thoughts and ideas which are accepted and acceptable but also to those
which offend or shock any section of the population. It also includes the right to receive
information and ideas of all kinds from different sources. In essence, the freedom of expression
embodies the right to know.

Conclusion

After studying and analysing the various judicial decisions, the researcher has concluded as
under :
1. Freedom of speech and expression in itself is a term which includes freedom of press or media
and it just cannot be taken away from the people with the objective of restricting business
activities.
2. The fundamental principle behind the freedom of press is people’s right to know. The primary
function of the press is to provide comprehensive and objective information of all aspects of a
country's political, social, economic and cultural life. It plays an important role in moulding
public opinion.
3. Broadcasting is a means of communication and therefore a medium of speech and expression.
Hence in a democratic policy, neither any private individual, institution or organization nor any
government or government organization can claim exclusive right over it.
4. There are three concepts which are fundamental in understanding the reach of freedom of
speech and expression. The first is discussion, the second is advocacy, and the third is
incitement. Mere discussion or even advocacy of a particular cause however unpopular is at the
heart of Article 19(1)(a). It is only when such discussion or advocacy reaches the level of
incitement that Article 19(2) kicks in.

6
C.A. No. 9813 and 9833 of 2011