Article 19(1)(a) of the Indian Constitution guarantees citizens the fundamental right to freedom of speech and expression. However, this right is subject to reasonable restrictions related to sovereignty, security, public order, decency, contempt of court, defamation, and incitement of offenses. Section 66A of the IT Act, which criminalized sending offensive messages online, has been criticized as an unreasonable restriction on free speech. While artistic works may cause offense, the courts have held that offense alone does not amount to a criminal act. Sedition laws under the IPC must also be narrowly construed to only criminalize speech that incites violence or disorder.

1. BY
NIYATHI KALRA

2. RIGHT TO
FREEDOM OF
SPEECH AND
EXPRESSION

3. ARTICLE 19 (1)(A)
Article 19(1)(a) says that all citizens shall
have the right to freedom of speech and
expression.
This right is available only to a citizen of
India and not to foreign nationals.

5. REASONABLE RESTRICTIONS
Article19(2) This right is subject to the power of the State to
make any laws imposing reasonable restrictions on such right-
 In the interests of-
 The sovereignty and integrity of India
 The security of the State
 Friendly relations with foreign states
 Public order
 Decency
 Morality
 In relation to-
 Contempt of court
 Defamation
 Incitement to an offence

6.  Further restrictions have been imposed on the freedom of
speech and expression by Article 51A defining fundamental
duties of a citizen (42nd Amendment in 1976). Under Article
51 A, no one should in exercise of the freedom of expression or
of the press do any of the following acts: -
 to disparage the constitution, its ideals and institutions, the
National Flag or the National Anthem;
 to undermine the sovereignty, unity and integrity of India;
 to disrupt the spirit of common brotherhood among all the
people; and
 to insult the rich heritage of our composite culture.

7. FREEDOM OF PRESS
 Under the Freedom of Speech and Expression, there is no separate
guarantee of freedom of the press and the same is included in the
freedom of expression, which is conferred on all citizens.
 Virender Vs. State of Punjab, AIR1958, SC. 986
 Sakal Papers Vs. Union of India AIR.1962 S.C. 305
 It has also been held by this judgment that freedom of the press
under the Indian Constitution is not higher than the freedom of an
Ordinary citizen.
 It has been held by Court in the above cases that press is not
immune from paying taxes, from following labour laws, regulating
services of the employees, law of contempt of the Court, law of
defamation and with respect to regulation of commercial activities of
a newspaper.

8.  Article 10 of the European Convention of
Human Rights also states as under : -
"Everyone has the right to freedom of
expression. This right shall include freedom to
hold opinions and to receive and impart
information and ideas without interference by
public authority and regardless of frontiers."

9.  The right to get information in a democracy is recognized in
all the countries. It is a natural right flowing from the concept
of democracy [Article 19(l)(2)] of the International
covenant of Civil and political rights, of which India is a
signatory, speaks as under: -
 Everyone shall have the right to hold opinions without
interference.
 Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice."

11. S.66 A OF IT ACT,2008
 66 A Punishment for sending offensive messages through communication service, etc.
( Introduced vide ITAA 2008)
Any person who sends, by means of a computer resource or a communication device,-
a)any information that is grossly offensive or has menacing character; or
b)any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or
ill will, persistently makes by making use of such computer resource or a communication
device,
c)any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of such
messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term
which may extend to three years and with fine.
Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic
Mail
Message" means a message or information created or transmitted or received on a
computer,
computer system, computer resource or communication device including attachments in
text, image, audio, video and any other electronic record, which may be transmitted with the
message.

12. S.66A- AN UNREASONABLE RESTRICTION?
 Cases that were filed under this section-
 February 6,2013- Sanjay Chaudhary arrested
 Manoj Oswal arrested
 Jadavpur University Professor Ambikesh Mahapatra for a political cartoon
about West Bengal Chief Minister Mamata Banerjee
 Businessman Ravi Srinivasan in Puducherry for an allegedly defamatory
tweet against the son of Union Finance Minister P. Chidambaram
 Two Air India employees, who were jailed for 12 days for allegedly
defamatory remarks on Facebook and Orkut against a trade union leader and
a politician.
 Aseem Trivedi’s case
 November,2013- Arrest of Shaheen Dadha and her friend Renu Srinivasan,
for a comment posted on Facebook that questioned the shutdown of Mumbai
following the demise of Shiv Sena supremo Bal Thackeray.

16.  Chief Justice of the Supreme Court of India, K.G.
Balakrishnan, while refusing to initiate criminal
proceedings against Hussain for allegedly “hurting public
sentiments” and the “national pride of Indians”,
said: “There are so many such subjects, photographs and
publications. Does the sentiment of the petitioner get
scandalized by the large number of photographs of erotic
sculptures which are in circulation? Will you file cases
against all of them? “What about temple structures? “It
(Hussain’s work) is art. If you don’t want to see it, don’t see
it. There are so many such art forms in temple structures.”

19. SEC 124A AND SEC 505 OF IPC
 Sec 124 A as also Sec 505 of the IPC should be so construed as
to limit their application to acts involving intention or tendency
to create disorder or disturbance of law and order, or incitement
to violence
Kedarnath Singh v. State of Bihar AIR 1962 SC 955;(1962) 2
Cr LJ 103
 The authorship of seditious material alone is not the gist of the
offence of sedition. Distribution and circulation of seditious
materials may also be sufficient.
Raghuvir Singh v. State AIR 1987 SC 149; 1987 Cr LJ 157

23. The SC has held that S. 123(5) and 124(5) of
the Representation of the People Act does not
interfere with a citizen’s fundamental right to
the freedom of speech; rather, it merely
prescribes the conditions to be observed if a
person wishes to become a member of the
Parliament.
Jamuna Prasad v. Lachhi Ram AIR 1954 SC
686

27. Of course, there’s a second path
There, lined with grime
In which someone is someone
And not just a mime.
In which someone is real,
Genuine, true
But the Government doesn’t care
They haven’t a clue
How people feel
Without their expression
How people feel
Under all this suppression
And now we are mice
Wild rats, no one leading
All that we do
Is chew books without reading.
-Anonymous