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Shodhganga : a reservoir of Indian theses @ INFLIBNET
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- Maharaja Sayajirao University of Baroda
- Faculty of Law
| Title: | A study on freedom of speech and expression with reference to social and electronic media |
| Researcher: | Thakar Meet |
| Guide(s): | |
| Keywords: | Law Social Sciences,Social Sciences General,Law |
| University: | Maharaja Sayajirao University of Baroda |
| Completed Date: | 2019 |
| Abstract: | Included newline |
| Pagination: | 340 |
| URI: | |
| Appears in Departments: | |
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‘Freedom of Speech and Expression’ as a Fundamental Right in India and the Test of Constitutional Regulations: The Constitutional Perspective
Indian Bar Review, Volume XLIII (2) 2016, pp. 87-110.
22 Pages Posted: 25 Aug 2016
O.P. Jindal Global University
Date Written: November 24, 2015
The researcher in this paper seeks to analyze the concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an emphasis on the test of the constitutional regulation. This paper has been divided into Eight parts. Part I introduces introductory outline of the work. Part II covers the importance of freedom of speech and expression. Part III covers the Constituent Assembly Debate on Article 13 (corresponding to Article 19 of the present Constitution) held on Wednesday, December 1, 1948. Part IV deals with constitutional protection of freedom of speech and expression. Part V covers the scope of freedom of speech and expression. Part VI covers the constitutional regulation of freedom of expression. Part VII deals with the test of constitutional regulations, and ends with the concluding word under Part VIII.
Keywords: Freedom of speech and expression, Article 19(1)(a), Indian Constitution, Test, Constitutional regulations, Fundamental right, Constituent Assembly Debate.
Suggested Citation: Suggested Citation
Aqa Raza (Contact Author)
O.p. jindal global university ( email ).
Sonipat Narela Road, Near Jagdishpur Village Sonipat, Haryana 131001 India
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Freedom of Speech and Expression; Indian Constitution: an Overview
The Constitution of India gives a free democratic government to its people. Freedom of speech and expression is a sacred icon in the Constitution’s inner sanctum, which has been provided to the people in the Fundamental Rights chapter. This freedom is a central tenet of India’s constitutional faith. The members of the constituent Assembly had seen the oppressive and discriminatory regime of the Britishers. They all valued Freedom and Liberty. Textually, it is recognized in article 19 that also lists certain other fundamental freedoms that Indian citizens enjoy. Clause (1) (a) of that article protects free speech. With the help of some early cases involving Freedom of Speech and Expression, my paper would try to emphasize the importance of Freedom of Speech and Expression in any society and political set up. Prior restraint in the form of censorship is really a big challenge to the right of freedom of speech and expression, because in such a case, the creativity of the author may not see the light of the day. My Paper would focus on the fact that, the freedom of speech is the first pre-requisite of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties. Freedom of Speech and expression means the right to express one's own views and opinions freely by words of mouth, writing, printing, pictures or any other mode. In present times, it is widely accepted that the right to freedom of speech is the essence of free society and it must be protected at all time. The first principle of a free society is a free flow of words in an open forum. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays a vital role in the development of that particular society and ultimately for that state. It is one of the most important fundamental freedom liberties guaranteed against state suppression or regulation.
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This is a chapter from "The Oxford Handbook of the Indian Constitution" edited by Sujit Choudhry & Madhav Khosla & Pratap Bhanu Mehta (2016) This chapter examines the place of the right to freedom of speech and expression within Indian constitutionalism. After reviewing the classical normative arguments for free speech, it considers how the domain of speech is related to colonial continuity, sedition, and public order. It discusses the scope of Article19(1)(a) of the Indian Constitution with respect to free speech, as well as the Indian Supreme Court’s successes and failures in its efforts to expand the domain of speech. It explores the democracy argument as the primary justification used by the courts in free speech cases, and its consequences. Finally, it looks at the standards for determining reasonableness, hate speech, and obscenity, and argues that the idea of a deliberative democracy must be supplemented with the concept of agonistic politics to enrich and strengthen the free speech tradition that has evolved in the past six decades
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Page 1. Electronic copy available at: http://ssrn.com/abstract=1931709 FREEDOM OF SPEECH Alon Harel Part I Freedom of speech is among the most cherished constitutional rights in liberal democracies. It is entrenched in most contemporary constitutions as well as in international human rights treaties. It is often classified as a “first generation right” – a right protecting individuals from interference by the state. It is understood to be foundational to liberal polities either in the ...
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Fundamental rights are of different kinds depending upon the core rights established with the passage of time; the right to utter once expression is said to be the freedom of speech got most important right in this era. History reveals that this right has been evolved due to esteemed sacrifices. The right of freedom of speech is also correlated with a duty of care and infinite jurisdiction has not wanted either by law or by the norms of society. The constitution of Pakistan has clearly postulated this fundamental right and Apex courts of Pakistan have always interpreted the right to speech with prudent mind.
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The universal declaration of human rights holds that freedom of expression gives all individuals the right to have opinions and to seek, get and send information as well as ideas using any form of media without interference from others. In the practical sense however freedom of expression which is considered to be a fundamental human right often faces various restrictions and interference through tactics like censorship, restrictive laws and harassment for the individuals who decide to exercise this right by expressing their opinions . Other common forms of interference include suppression and legal crackdowns.
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Freedom of speech is among the most cherished constitutional rights in liberal democracies. It is entrenched in most contemporary constitutions as well as in international human rights. treaties ...
This research paper aims to explore the complex relationship between freedom of expression and online speech, investigating the legal, social, and ethical ... Freedom of Speech: Online speech is often considered an extension of the fundamental right to freedom of speech and expression. It allows individuals to share their thoughts, opinions ...
Freedom of speech and press are mutually reinforcing, relying on each other to keep the information ecosystem in balance. When grassroots opinion turns toward misinformation, the press is able to broadcast corrective information, and when the press skews toward propaganda or sensationalism, public opinion can push back.
expression of individual autonomy.1 In addition, the freedom of speech is es-sential for democracy; indeed, one of the most influential justifications of free speech is that it is a prerequisite for democratic governance.2 Given the funda-mental importance of free speech, there is a strong presumption against state restrictions on speech.
ABSTRACT. The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others.
The researchers in this paper seek to analyze the concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an emphasis on the test of ...
Email: [email protected]. Abstract. This article surveys the classic and contemporary literature. on the nature and limits of freedom of expression (or free. speech). It begins by surveying the ...
The present paper looked at the role of the internet as well as the broader implications of freedom of speech and expression. Key Words: Freedom of Speech and Expression, independence, internet Introduction: Freedom in itself since it is necessary for the full development of a person's identity as well as dignity, natural instinct
Title: A study on freedom of speech and expression with reference to social and electronic media: Researcher: Thakar Meet: Guide(s): Gadekar Archana
Open PDF in Browser. Add Paper to My Library ... The chapters in Part I focus on freedom of speech as a political idea and upon the ideas and rationales that underlie it; the chapters in Part II focus on distinctive features of freedom of speech as a legal principle. ... Oxford Handbook on Freedom of Speech, Oxford University Press, 2020, U of ...
The difference between the franchise and the freedom of speech is that freedom of speech is a more baseline right. The franchise needs to be limited to citizens because it is the ultimate determi-nant of how we are to be governed. Free speech is a step (or several steps) removed from the electoral process.
The paper analyses the theoretical basis of the international human right to freedom of speech and expression, and the restrictions imposed thereon in the form of censorship. In between the two competing ends of absolute freedom and absolute stringency (both formal or non-formal), the paper seeks to explore means and modes by which the
Therefore, this research is focused on three intersections of social media and fundamental freedoms: free speech, freedom of information and privacy. We begin analyzing social networking sites and social media role and evolution since their birth at the beginning of 21st century and re- marking their positive aspects.
Adopted 22 November 1969, entered into force 18 July 1978. Adopted 26 June 1981, entered into force 21 October 1986. Resolution 59(1), 14 December 1946. The term freedom of information as used here was meant in its broadest sense as the overall free flow of information and ideas in society, or freedom of expression.
Article 19 of the UDHR protected freedom of opinion and expression in the following terms (United Nations, 1948 ): Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
speech and freedom of religion.9 The Concepts of Freedom of speech can be found in early human rights documents. The Constitutional right to freedom of speech and expression has legally established by England's Bill of Rights 1689. The 1789 French Revolution has affirmed freedom of speech as an inalienable right.
Abstract. Much of the recent literature on freedom of speech has focused on the arguments for and against the regulation of certain kinds of speech. Discussions of hate speech and offensive speech, for example, abound in this literature, as do debates concerning the permissibility of pornography. Less attention has been paid, however, at least ...
In only a few decades, it has connected billions of people all over the world and. given them new access to large quantities of information. At. the same time, it has put established media and ...
The researcher in this paper seeks to analyze the concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an emphasis on the test of the constitutional regulation. This paper has been divided into Eight parts. Part I introduces introductory outline of the work.
These three concepts - empowerment, freedom of speech, and organizational culture- form the theoretical foundation for the present analysis which concludes that free and responsible speech, vigorously encouraged and promoted as part of the organizational culture, offers the most productive solution for preparing organi zational members to meet ...
Freedom of speech is also closely linked to other fundamental freedoms which reflect this portion of what it is to be human, i.e., freedom of religion, thought and conscience. The democratic value of Freedom of speech is the safeguard of democratic government. This freedom is crucial for the proper functioning of the democratic process.
Last, freedom of speech is th e less mention ed freedom in the liter ature regard- ing social media, and wh en appears, it is dealt fr om the perspective o f the bound- aries of such freed om ...
Freedom of Speech Research Paper - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. The document discusses the right to freedom of speech and its limitations. It begins by defining freedom of speech as the ability to communicate ideas without restrictions. While the US Constitution protects free speech, it is not absolute and is subject to ...