LIBERTY

Presented by :
 INTRODUCTION

 Liberty is derived from a Latin word “ Liber”, which

means free or independent. The concept of liberty
occupies a very important place in civics.
 It has made powerful appeal to every man in every
age. It is the source of many wars and revolutions.
 In the name of liberty war, battles, revolutions and
struggles have taken place in the history of mankind.
 Liberty means the unrestricted freedom of the
individual to do anything he likes to do. But this sort
of unrestricted liberty is not possible in society
 Liberty is not a license to do anything one pleases,
as this would end up in anarchy, the very extreme of
liberty.
 Restrictions are necessary in the interest of general
welfare.
 They are imposed in the form of laws. Law is the
condition of liberty. While laws are restrictions to
liberty, it is imperative that, the so imposed laws are
not unjust as excessive and stringent restrictions
hamper the intellectual and moral growth of the
individual.
 Liberty has two aspects- Negative and Positive
aspect.
 DEFINITIONS

 Montesquieu:- “Liberty means the power of

doing what we ought to do”.
 Prof. Seely:- “Liberty means the absence of
restraints”.
 T.H.Green :- it is a the power to do or enjoy
something that is worth doing or enjoying in
common with others. Liberty is the eager
maintenance of that atmosphere in which men
have the opportunity to be their best selves
 MEANING
 “Liberty means the power of doing what we
ought to do.
 It means freedom from arbitrary or despotic
government or control , interference,
restrictions.
 It is power of choosing, thinking and acting
for oneself, freedom from control or
restriction.
 It is the quality individual have to control
their own actions.
 Taken together, it must be understood that,
liberty exists not merely in the absence of
restraints but in the presence of opportunities as
well.
 The following definition embraces both aspects
of liberty.
 “Liberty is the product of Rights. It is the
maximum opportunity to do desired things with a
minimum of controls and regulations consonant
with a well – ordered society.
 Freedom as the Condition of Human Being : Liberty is
usually defined as 'absence of constraint'. The concept of
liberty has very wide implication in the sphere of political
philosophy. We demand liberty for the human being (as a
condition of life) because we treat him to be a rational
creature.
 Since here our demand is confined to the removal of external
restraint, hence it is termed as negative liberty. Now a man
may not be free even if there is no essential restraint.
Freedom in the wider sense requires that man should not feel
any internal or external constraints.
 This means, freedom from physical pain, disease, ignorance,
fear or wants. A state tends to secure positive liberty for its
citizens. We wish to have freedom for the rational agent. If a
person is not free in the real sense and still he is not keen to
have freedom, efforts should be made to arouse his
conscience and made him anxious to win his freedom.
 CLASSIFICATION OF LIBERTY
 Natural Liberty,
 Social / Civil Liberty

 Moral Liberty.

 Social / Civil liberty if further classified in to:-

 Personal liberty

 Political Liberty

 Economic Liberty

 Domestic Liberty

 National Liberty

 International Liberty
 NATURE & SCOPE
The idea of liberty may be analyzed in terms of
: Freedom as the quality of Human Being :
Animals, birds, insects are governed 'struggle
for existence' and 'survival of the fittest'.
 Only a human being is capable of freedom.
Man as a homosapien has distinguished
himself from other living beings as he claims
to have an aim in his life.
 Man has created many social organizations.
Man has tamed and controlled animals.
Freedom is the distinctive quality of man.
Human beings capacity to gain scientific
knowledge is the source of their freedom.
 POSTIVE & NEGATIVE LIBERTY
 Positive Liberty:- It does not consist merely in the
removal of restraints. Liberty is best realized in the
enjoyment of certain positive opportunities that are
necessary for the development of personality. Positive
liberty consists in providing opportunities to the
individual where he is incapacitated due to socio-
economic conditions. Liberty in its positive aspect means
removal of those constraints which obstruct the
individual in his pursuit of happiness. Rights are a
necessary condition for liberty. The state must, therefore,
regulate activities and provide opportunities. The state
must restrain those who obstruct social welfare. Hence,
the State must create positive conaditions for the welfare
of all.
Negative Liberty: Negative aspect of liberty means,
'absence of restraints.' This aspect implies that there
should be no limits or control on individual liberty.
The supporters of this theory are Locke, De
Tocqueville, Edmund Burke, Thomas Paine, Bentham,
Spencer and most significantly J.S. Mill.
 The negative concept of liberty regaled in the hands
of the individualists. The state, according to them, is
a necessary evil. It must not interfere with the natural
liberty of individuals.
 The state should not impose restraints on the
individuals. 'That government is the best which
governs the least.' As long as an individual does not
deprive others of their liberty, he is free to do what
he wants.
 D/W POSITIVE & NEGATIVE LIBERTY
Negative
 Stresses more on personal
aspect.
 Liberty is absence of restraints.
 State is an enemy of personal
liberty.
 Emphasizes on the personal
liberty.
 Does not include the concept of
rights.
 State must have minimum
functions.
Positive
 Stresses on social-context of
liberty.
 Emphasizes on positive
conditions for realization of
liberty.
 State is essential for
realization of liberty.
Emphasizes on social and
economic aspect.
 Regards rights are pre
requisite of liberty.
 Supports a state with welfare
functions


“IF LIBERTY MEANS
ANYTHING AT ALL, IT MEANS
THE RIGHT TO TELL PEOPLE
WHAT THEY DO NOT WANT
TO HEAR” 
– GEORGE
ORWELL
 WHAT IS FREEDOM OF
SPEECH?

 he power or right to express one’s opinions without

censorship, restraint or legal penalty is known as Freedom
of Speech.1 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.2
 In India, freedom of speech is guaranteed under Article
19(1) (a) of the Constitution of India. Apart from this,
provisions relating to freedom of speech are also
contained in various international conventions like
Universal Declaration of Human Rights (UDHR), European
Convention on Human Rights and Fundamental Freedoms,
International Covenant on Civil and Political Rights, etc.
FREEDOM OF SPEECH VIS-A-VIS CONSTITUTION OF
INDIA

 Freedom of speech is one of the six fundamental

rights conferred to the citizens of India under Part III
of the Constitution. It is one of the most important
aspects in the hierarchy of personal liberties provided
under Article 19 to Article 22 of the Indian
Constitution.
 Article 19(1) (a) states that all citizens shall have the
right to freedom of speech and expression. But this
right is subject to limitations imposed under Article
19(2) which empowers the State to put ‘reasonable’
restriction on various grounds, namely, security of
the State, friendly relations with foreign States, public
order, decency and morality, contempt of court,
defamation3, incitement of offence4, and integrity and
sovereignty of India.
PURPOSE OF FREEDOM OF SPEECH AND
EXPRESSION
 Freedom of speech not only allows people to
communicate their feelings, ideas, and opinions to others,
rather it serves a broader purpose as well. These
purposes can be classified into four:
1. It helps an individual to attain self- fulfillment;
2. It assists in the discovery of truth;
3. It strengthens the capacity of an individual to participate
in the decision-making process;
4. It provides a mechanism by which it would be possible to
establish a reasonable balance between stability and
social change.
 Freedom of speech and of the press lays at the foundation
of all democratic organizations, for without free political
discussion no public education, so essential for the proper
functioning of the popular government is possible. 5
FREEDOM OF SILENCE- NATIONAL ANTHEM CASE
 Freedom of speech also includes the right to silence. In a
case6, three children belonging to Jehovah’s witnesses were
expelled from the school for refusing to sing the national
anthem, although they stood respectfully when the same
was being sung. They challenged the validity of their
expulsion before the Kerala High Court which upheld the
expulsion as valid and on the ground that it was their
fundamental duty to sing the national anthem. On appeal,
the Supreme Court held that the students did not commit
any offence under the Prevention of Insults to National
Honour Act, 1971. Also, there was no law under which their
fundamental right under Article 19(1) (a) could be
curtailed.
 Accordingly, it was held that the children’s expulsion from
the school was a violation of their fundamental right under
Article 19(1) (a), which also includes the freedom of silence.
 FREEDOM OF SPEECH AND
SEDITION

 The offence of sedition, in India, is defined

under Section 124-A of the Indian Penal Code
as, “whoever by words either spoken or
written, or by signs, or by visible
representation or otherwise brings into
hatred or contempt or excite or attempts to
excite disaffection towards the government
established by law in India shall be
punished”.
 In the recent case of Kanhaiya Kumar v. State
of Nct of Delhi7, students of Jawaharlal Nehru
University organized an event on the Parliament attack
convict Afzal Guru, who was hanged in 2013. The
event was a protest through poetry, art, and music
against the judicial killing of Afzal Guru. Allegations
were made that the students in the protest were heard
shouting anti-Indian slogans. A case therefore filed
against several students on charges of offence under
Sections [124-A, 120-B, and 34]8. The University’s
Students Union president Kanhaiya Kumar was
arrested after allegations of ‘anti-national’
sloganeering were made against him. Kanhaiya Kumar
was released on bail by the Delhi High Court as the
police investigation was still at nascent stage, and
Kumar’s exact role in the protest was not clear.
 CASE STUDY

Fivemost important
judgments by the
Supreme Court of India
on Freedom of Speech
and Expression
1 . HAMDARD DAWAKHANA V. UNION OF INDIA

 The validity of the Drug and Magic Remedies

(Objectionable Advertisement) Act, which put
restrictions on advertisement of drugs in certain
cases and prohibited advertisements of drugs having
magic qualities for curing diseases was challenged on
the ground that the restriction on advertisement
abridged the freedom. The Supreme Court held that
an advertisement is no doubt a form of speech but
every advertisement was held to be dealing with
commerce or trade and not for propagating ideas

 Advertisement of prohibited drugs would,

therefore, not fall within the scope of Article
19(1) (a).
2 . PEOPLE’S UNION FOR CIVIL
LIBERTIES(PUCL) V. UNION OF INDIA10
 In this case, public interest litigation (PIL) 11 was filed
under Article 3212 of the Indian Constitution by PUCL,
against the frequent cases of telephone tapping. The
validity of Section 5(2)13 of The Indian Telegraph Act,
1885 was challenged. It was observed that “occurrence
of public emergency” and “in the interest of public
safety” is the sine qua non14 for the application of the
provisions of Section 5(2). If any of these two
conditions are not present, the government has no
right to exercise its power under the said section.

 Telephone tapping, therefore, violates Article

19(1) (a) unless it comes within the grounds of
reasonable restrictions under Article 19(2).
 3 .INDIAN EXPRESS NEWSPAPERS V. UNION OF
INDIA
 The Court, in this case, observed that, Article 19 of the Indian
Constitution does not use the phrase “freedom of press”16 in
its language, but it is contained within Article 19(1) (a).
There cannot be any interference with the freedom of press
in the name of public interest. The purpose of the press is to
enhance public interest by publishing facts and opinions,
without which a democratic electorate cannot take
responsible decisions.

 It is, therefore, the primary duty of courts to uphold

the freedom of press and invalidate all laws or
administrative actions which interfere with it contrary
to the constitutional mandate.

 Similarly, imposition of pre-censorship of a journal 18, or

prohibiting a newspaper from publishing its own views about
any burning issue19 is a restriction on the liberty of the press.
4. A. ABBAS V. UNION OF INDIA

 The case is one of the firsts in which the issue of prior

censorship of films under Article 19(2) came into
consideration of the Supreme Court of India. Under the
Cinematograph Act, 1952, films are divided into two
categories- ‘U’ films for unrestricted exhibition, and ‘A’ films
that can be shown to adults only. The petitioner’s film was
refused the ‘U’ certificate, and he challenged the validity of
censorship as violative of his fundamental right of freedom of
speech and expression. He contended that no other form of
speech and expression was subject to such prior restraint,
and therefore, he demanded equality of treatment with such
forms. The Court, however, held that motion pictures are able
to stir emotions more deeply than any other form of art.

 Hence, pre- censorship and classification of films

between ‘U’ and ‘A’ was held to be valid and was
justified under Article 19(2) of the Constitution.
 5. BENNET COLEMAN AND CO. V. UNION OF INDIA
 In this case, the validity of the Newsprint Control Order was
challenged. The Order fixed the maximum number of pages which a
newspaper could publish, and this was said to be violative of Article
19(1) (a) of the Indian Constitution. The government raised the
contention that fixing the newsprint would help in the growth of small
newspapers as well as prevent monopoly in the trade. It also justified
its order of reduction of page level on the ground that big dailies
devote a very high percentage of space to advertisements, and
therefore, the cut in pages will not affect them. The Court held the
newsprint policy to be an unreasonable restriction, and observed that
the policy abridged the petitioner’s right of freedom of speech and
expression. The Court also held that the fixation of page limit will
have a twofold effect- first, it will deprive the petitioners of their
economic viability, and second, it will restrict the freedom of
expression as compulsorily reducing the page limit will lead to
reduction of circulation and area of coverage for news and views.

 Hence, any restriction on the number of pages or fixation of

page level of a newspaper invalid and violative of Article
19(1) (a).
FREEDOM OF
SPEECH
As stated in the Bill of Rights

By Julia
Nykänen 18
November
In this
presentation. . .
☞ What does it mean?
☞ History & development

☞ Television

☞ Newspapers &
magazines

☞ Internet
 What does
it
“ Freedom ofmean?
speech ” is understood
as:
 the right to express information
& ideas
 the right to seek information &
ideas
 the right to receive information
& ideas
 the right to impart information
& ideas

It also includes:
 the right NOT to speak
 the right to use some
offensive language when
conveying political messages
 the right to participate in
“symbolic speech” which can
 “ Everyone has the right to freedom of
opinion and expression; this right includes
the right to hold opinions without
interference and to seek, receive and
impart information and ideas through any
- Article 19 of the
media and regardless
UDHR of frontiers ”
HISTORY AND
DEVELOPMENT
470—399 B.C. Socrates trial
1516 The Education of a Christian Prince
by Erasmus. 'In a free state, tongues too
should be free
1644 'Areopagitica', a pamphlet by the poet
John Milton, argues against restrictions of
freedom of the press

1689 Bill of Rights grants 'freedom of speech in

Parliament' aNer James II is overthrown and
William and Mary installed as co-­‐rulers.

1789 'The Declaration of the Rights of Man', a

fundamental document of the French Revolution

1791 The First Amendment of the US

Bill of Rights gives four freedoms:
religion, speech, press & right to
assemble

1948 The Universal Declaration of Human Rights is adopted by the UN

General Assembly 2005 The Serious Organised Crime and Police Act bans
 Televis
ion
All broadcast media is
very powerful – needs
regulations
Government granted
license to broadcast
Broadcasting through TV –
more of a privilege
 License renewed OR not
Mature rated programs not
allowed during daytime
Government cannot limit
expression just because any
listener, or even the majority of a
community, is offended by its
content
Restrictions only if it
clearly causes direct and
imminent harm to an
important societal interest
 Newspapers &
Magazines
“A newspaper publishes an article favoring
Censorshi
issue x. Following this, supporters of the
p?
opposite, issue y, demand that the
newspaper publishes an article opposing
issue x. The newspaper refuses.”
Freedom of press

Right to publish newspapers, magazines etc

Government supposed to protect private

entities’ right to freedom of expression

Violation of First Amendment only if a

law or governmental action is involved

Restrictions in cases of:

• libel
• obscenity
• sedition
World Wi
de Web
The Internet is the largest common area
in The world – very hard to restrict ! Government controlled
companies who build “Internet
plaUorms” try to imply
“In Cyberspace, the First Amendment regulations
is a local ordinance” – John Barlow

Google
Wikileaks

Internet’s structure is robust –

impossible to completely block
everything
Private users can block access
to info through firewalls
State owned property (not public
forums) can be restricted by the
government
On the Internet the government
may prohibit following
exceptions:
 Speech that is likely to lead to imminent lawless
action

 Words so insulting that people are likely to fight

back

 Obscenity

 Child pornography

 Defamatory (false) statements

 Commercials – misleading or illegal

 S OUR C E
S
http://cyber.law.harvard.edu/ilaw/Speech/

http://www.livinginternet.com/i/ip_speech.htm

http://ifea.net/

http://www.state.gov/secretary/rm/2011/02/156619.
htm

http://cornellsun.com/node/36482

http://dictionary.reference.com/browse/freedom+of+the+p
ress

http://www.freedomhouse.org/template.cfm?page=16

http://www.fff.org/freedom/fd0407a.asp

http://www.aclu.org/free-­‐speech/freedom-­‐expression-­‐arts-­‐

and
-­‐entertainment
http://www.caslon.com.au/censorshipguide21.htm
Six fundamental freedom [Article 19]
Protection in respect of conviction [Article 20]
Protection in life and personal liberty [Article 21]
Right to education. [Article 21-A]
Protection against arrest and detention in certain
cases [Article 22]
SIX
FUNDAMENTAL
FREEDOMS
[ARTICLE 19]
h Freedom of speech and expression; [19(1) (a), 19(2)]
h Freedom to assemble peaceably and without arms;
[19(1) (b), 19(3)]
b Freedom to form association or union; [19(1) (c) 19(4)]
a Freedom to move freely throughout the territory of
f
India; [19(1) (d), 19(5)]
Freedom to reside and settle in any part of territory of
India; [19(1) (e), 19(6)]
e Freedom to practice any profession, or to carry on any
occupation, trade or business. [19(1) (f), 19(7)]
CANNOT BE CLAIMED BY
FOREIGNER
1
Freedom of
speech and
expression;
[ARTICLE
19(1) (a) &
19(2)]
 MEANING OF Freedom of speech
and expression;

Right to speak and express one’s opinion by:

Words of mouth
Writing
Painting
Pictures or
Any other manner.
To express one’s opinion or
idea freely
through any communicable medium

Freedom to hold opinion without interference

To seek and receive information and idea

through any medium.
FOUNDATION OF
ALL DEMOCRATIC
ORGANIZATION
SCOPE
 I. Right to know and obtain
information

Freedom of information
act,
2002
 Freedom of
information
amendment act, 2005
Freedom of speech and expression includes:
Right to educate and to be educated
Right to inform and to be informed.

Ozair husain v. union of India AIR 2003 Delhi 103

RESTRICTIONS/EXCEPTIONS:
Government would be entitled to withhold
information related to:
International investigation
National security and public safety
Investigation, detection and prevention of crime
Internal deliberation of the govt.
Information received in confidence from a
source outside the govt.
Information, if disclosed, would violate the privacy of
individual
Information of economic nature trade
(including secretes)
Information about scientific discoveries.
 II. RIGHT OF CITIZENS/VOTERS TO KNOW THE
ANTECEDENT OF THE CANDIDATES AT
ELECTION.

Voter speak out/express by casting vote

Right to know the criminal past

Debarring candidate from contesting elections if

charge have been framed against him by the court of
law.
 III.
Freedom of silence-----right
not to speak
No person could be compelled to sing
National Anthem

Freedom of expression also include right not

to speak
I. Right to reply or answer the criticism against
one’s views
II. Right against sound pollution

IV. Right of convict to express himself

VI. Freedom of press

I. Freedom in the volume of news or views

III. Commercial advertisement

V. Right to exhibit film on doordarshan.

VII. Right to fly the national flag

IX. Art19(1) (a) recognizes no geographical barrier

RESTRICTIONS ON FREEDOM
OF SPEECH AND
EXPRESSION
SECURITY OF STATE
Expression which incite or encourage the commission
of offence
Danger to the security of state as well as endangering
the part of the state.
FRIENDLY RELATION WITH THE FOREIGN STATE.

PUBLIC ORDER

DEFAMATION

INCITEMENT
TO AN
OFFENCE
2
FREEDOM TO
ASSEMBLE
PEACEABLY
AND WITHOUT
ARMS
[ARTICLE 19(1)
(b), 19(3)]
 scope
Corollary of right to freedom of speech and
expression.

Holding assembly to hold consultation, to express

one’s view.

To meet peacefully for consultation in respect

of public affairs.
 RESTRICTIONS ON FREEDOM OF
FREEDOM TO ASSEMBLY 19(3)]
Assembly must be peaceful
It must be unarmed
State may impose reasonable restrictions in the
interest of public order and integrity of India

No right to hold assembly on private property of

others.
3
FREEDO
M TO
FORM
ASSOCIATIN
OR UNION
[ARTICLE
19(1)(c), 19(4)
Corollary of right to freedom of speech and
expression.

Essential to democracy
4
FREEDOM
OF
MOVEMENT
[ARTICLE
19(1)(d), 19(5)
FREEDOM OF MOVEMENT 19(1)
(d),
Right to move freely in the territory of india.

Right to move wherever one likes, whenever one likes.

5
FREEDOM
OF AND
RESIDENT
19(1)(e)
 OBJECT
To make citizens national minded
Underline the concept that India is one unit
 6
FREEDOM TO
PRACTICE ANY
PROFESSION, OR TO
CARRY ON ANY
OCCUPATION, TRADE
OR BUSINESS.
 [19 (1)(g), 19(6)