1. International Indexed & Referred Research Journal, November, 2012, ISSN 0974- 2832, RNI- RAJBIL- 2009/29954; VoL IV * ISSUE- 46
Research Paper - Law
A New Dimension Concerning With Freedom
of Speech and Expression
* Adv. B.K. Tiwari November ,2012
* Advocate (Cyber Law Expert) District Court, Bhopal
A B S T R A C T
Freedom of speech and expression is a natural right which a human being acquires on birth. It is, therefore, a basic right.
"Everyone has the right to freedom of opinion and expression, the right includes freedom to hold opinions without
interference and to seek and receive and impart information and ideas through any media and regardless of frontiers''
proclaims the Universal Declaration Of Human Rights (1948). The people of India declared in the Preamble of the
Constitution, which they gave into themselves their resolve to secure to all the citizens liberty of thought and expression.
Keywords: New Dimensions, citizen has fundamental right to use the best means of
imparting and receiving communication and as such
Introduction:
have an access to telecasting for the purpose.
Article 19(1) (a) is one of the Articles found in
In the case of Hamdard Dawakhana v/s union of India2
Part III of the Constitution, which enumerates the Fun-
the Validity of the Drugs and magic Remedies (objec-
damental Rights. Man as rational being desires to do
tionable advertisements) Act 1954 was challenged. The
many things, but in a civil society his desires have to
Act was passed with all objects to control the adver-
be controlled, regulated and reconciled with the exer-
tisement of drugs in certain cases and to prohibit the
cise of similar desires by other individuals. The guar-
advertisement for certain purpose of remedies alleged
antee of each of the above right is, therefore, restricted
to possess magic qualities. The court held that every
by the Constitution in the larger interest of the commu-
advertisement does not fall with the scope of freedom
nity. The right to freedom of speech and expression is
of speech and expression guaranteed by article 19(1)(a).
subject to limitations imposed under Article 19(2).
The advertisement for propagation of ideas no doubt
Scope:
falls within the ambit of Article 19(1) (a) but advertise-
The freedom of speech and expression in-
ment for the Promotion of business or trade does not
cludes liberty to propagate one's views only It also
fall within all ambit of article 19(1) and therefore restric-
includes the right to propagate or publish the views of
tion on advertisement for Promotion of business or
others people otherwise this freedom would not in-
trade in public interest is not unconstitutional. The
clude the freedom of the press in Ramesh Thappar V.
court thus held the Act is Valid.
State of Madras1 the Apex Court by majority expressed
Freedom of Press:
the view that there can be no doubt that the freedom of
The fundamental rights of the freedom of press
speech and expression include freedom of propaga-
implicit in the right of freedom of speech and expres-
tion of ideas and that freedom is secured by freedom of
sion is essential for the political liberty and proper
circulation liberty of publications is essential to that
functioning of democracy. The Indian Press Commis-
freedom as the liberty of publication indeed without
sion says that "Democracy can thrive not only under
circulation publication would be of little value.
the vigilant eye of legislature, but also under the care
New Dimensions & Challenges: Freedom of Speech
and guidance of public opinion and the press is par
and Expression:
excellence, the vehicle through which opinion can
Government has no monopoly on electronic
become articulate . Indian Express Newspapers v/s
media: The Supreme Court widened the scope and
union of India3 The American constitution expressly
extent of the right to freedom of speech and expression
produces for freedom of press, but Article 19 (1) (a) of
and held that the government has no monopoly on
the Indian Constitution does not expressly produce for
electronic media and a citizen has under Art. 19(1) (a)
the freedom of press, However it is well settled norms
A right to telecast and broadcast to the viewers/Listen-
that the word "Speech and expression" in Article 19(1)
ers through electronic media television and radio any
(a) includes the freedom of press also.
important event. The government can impose restric-
Right to Information:
tions on such a right only on grounds specified in
The right to know, 'receive and impart information has
clause (2) of Art.19 and not on any other ground. A
been recognized within the right to freedom of speech
SHODH, SAMIKSHA AUR MULYANKAN 3

2. International Indexed & Referred Research Journal, November, 2012, ISSN 0974- 2832, RNI- RAJBIL- 2009/29954; VoL IV * ISSUE- 46
and expression. A citizen has a fundamental right to use multiple criminal cases against her in various courts
the best means of imparting and receiving information across the country and consequent harassment that
and as such to have an access to telecasting for the she suffered.
purpose. The right to know has, however, not yet ex- Conclusion:
tended to the extent of invalidating Section 5 of the From this article it can be easily concluded
Official Secrets Act, 1923 which prohibits disclosure of that right to freedom of speech and expression is one
certain official documents. One can conclude that 'right of the most important fundamental right. It includes
to information is nothing but one small limb of right of circulating one's views by words or in writing or through
speech and expression. audiovisual instrumentalities, through advertisements
Voters Have Right to Know About their Candidates: and through any other communication channel. It also
In a landmark judgment in Union of India v. comprises of right to information, freedom of press etc.
Association for Democratic Reforms4, a three judge Thus this fundamental right has a vast scope.
bench held that the amended Electoral Reforms Law Form the above case law analysis it is evident
passed by Parliament is unconstitutional as being that the Court has always placed a broad interpretation
volatile of citizen's right to know under Art. 19(1)(g). on the value and content of Article 19(1)(a), making it
The' Freedom of Speech and Expression' Is Indeed A subjective only to the restrictions permissible under
Very High One: Article 19(2). Efforts by intolerant authorities to curb
In recent judgment of the Supreme Court in or suffocate this freedom have always been firmly re-
Khushboo v. Kannaiammal6 upholds the right to free- pelled, more so when public authorities have betrayed
dom of speech and expression. Khushboo's right to autocratic tendencies.
freedom of speech was violated by the institution of
R E F E R E N C E
1. A.I.R.1950 SC124.
2. AIR 1960 sc 554.
3. 1985 15 cc 641.
4. AIR 2002 SC 2112
5. JT 2003 (7) SC 206
6. Criminal Appeal No. 913 OF 2010
4