F a ce ts o f f r e e

s p e e c h &
ex pr e s s i o n
Full Name 2022 Feb 26 For All Purpose
Right to Portray Social Evil
In art forms such as cinema, there may be instances where the makers will have to show social evils
in the film as it is happening in the society.

2
CaseLaws
In K A Abbas v Union of India, the Supreme Court held that
restriction cannot be imposed on a film merely on the fact that
social evils such as violence, rape were portrayed in it. However, it is
to be seen as to how the theme has been handled by the makers
and whether the depiction of the evil is necessary for the
development of the plot.

3
 Case Law
The Supreme Court in Bobby Arts International v Om Pal Singh observed that in
the film Bandit Queen- the biopic of Phoolan Devi, there were extremely graphic
sequences depicting the horrid experiences of Phoolan Devi including rape at a
very young age.

Conclusion
The Court held that those specific scenes were needed to be portrayed in order
to build the plot and that it is the gruesomeness of these scenes is that makes
the audience feel for the protagonist.

4
 Right to Portray Historic Events
An artist or a film maker has the right to present a historical event and merely because of the
possibility that the recall of the event cold result in tension in the society, it shall not be subjected to
censorship.

2
CaseLaws
In Srishti School of Art Design and Technology v Central Board of
Film Certification, it was held by the Supreme Court that a
documentary depicting the visuals of the Babari Masjid incident
cannot be censored on the ground that the documentary had a
difference of opinion with States’ version of the whole incident.

3
. Case Law
In the film showing Gujarat riots in Chand Buj Gaya, The Bombay High Court
held that the protection of the Constitution does not extend only to fictional
depictions of artistic themes. Artists, film makers and playrights are
affirmatively entitled to allude to incidents which 'have taken place and to
present a version of those incidents which according to them represents a
balanced portrayal of social reality.

Conclusion
The OTTs have the right to present a historical event in their movies, shows or
web series. The argument that recalling of that event may resurrect tensions is
not a ground for censorship.
4
Right to Recieve Information
The freedom of speech and expression also comprises the right to receive information. In Ministry of
Information and Broadcasting v. Cricket Association of Bengal, the SC held that the right of free
speech and expression includes the right to receive and impart information. it is necessary that the
citizens have the benefit of plurality of views and a range of opinions on all public issues... Diversity of
opinions, views, ideas and ideologies is essential to enable the citizens to arrive at informed judgment
on all issues touching them.This is the command implicit in Article 19(1)(a).

2
 CaseLaws
The landmark case in freedom of the press in India was Bennett
Coleman and Co. v. Union of India, 5, the right to information was
held to be included within the right to freedom of speech and
expression guaranteed by Art. 19 (1) (a)

3
Cose Law
In Indira Gandhi v. Raj Narain, the Court explicitly stated that it is not in the
interest of the public to ‘cover with a veil of secrecy the common routine
business - the responsibility of officials to explain and to justify their acts is the
chief safeguard against oppression and corruption.’

Conclusion
The right to know or to get information is one of the aspects of freedom of
speech and expression. Freedom to receive information is also included in the
freedom of speech and expression through various supreme court judgments.
Right to Information Act, 2005, which especially talks about the right of the
people to ask for information from the government officials.

4
 T h a n k y o u
for l i ste n i n g ! By
Augustine Joseph
V1 Th sem, LL.B.
Media Law
Full Name 2022 Feb 26 For All Purpose