Freedom of speech and expression laws

Article 19(1) (a)

States that all citizens have the right to freedom of speech and expression.

Article 19(2)

States that freedom of expression may be restricted in certain cases for the sake of sovereignty, public order and decency.

Aspects under A19 (1) (a)

1. Freedom of the press

2. Freedom of commercial speech

3. Right to broadcast

4. Right to information

5. Right to criticize policies and authorities

6. Right to expression beyond national boundaries

7. Right to silence (not speak)

Limitations of A19 (2)

1. Sovereignty and integrity of India

2. Security of the state

3. Public order

4. Decency or morality

5. Contempt of court

6. Defamation

7. Incitement to an offense

8. Friendly relations with foreign states

Defamation

• Third party has to be present

• If the thing stated is true it cannot be Defamation

• Section 499 (states the meaning of it)

• Section 500 (Punishments, term or 2yrs in jail or fine/ both)

• Section 501 (Printing or engraving matters known to be defamatory)

• Section 502 (Sale of said print or engraved matter that is defamatory) {E.g.:- KG VS State Of Delhi}

• Section 503 (Criminal intimidation)

• Spoken defamation - Slander

• written - Libel

• Intended to be read - available to the public to read (not diaries)

• Applies to dead ppl too

• can extend to companies and organizations

• Civil Defamation - Private wrong (from reputation damage)

• Criminal Defamation - Public offense {E.g.:- AJ Akbar VS P Ramani : #metoo.movement}

• EXCEPTIONS

- Imputation of truth which public would require to be made or published

- Public contempt of public servants

- Contempt of any person teaching any public question

- Publications of reports of proceedings in court (as long as its open court)

- Merits of case decided in court or contempt of witnesses and others concerned {FOR PRESS}

Contempt of court

• Defamation but for court

• When you intentionally do not obey court orders - Civil contempt

• When you take actions that harm the court’s name or stop it from functioning properly - Criminal contempt

Public order

• Acts that interfere with this peaceful condition break public order regulations.

• The Romesh Thapar VS State of Madras case introduced public order as a restriction basis for Article 19 (2), free expression limits must directly concern public order rather than just law and order or national security.

• Section 292 to 294 of IPC states that it is illegal to sell, distribute or publicly show obscene materials.

Media laws related to legislation

• To report parliamentary proceedings

• Cover speeches, debates, discussions, budget

• keep representatives in check

• Analyze the significances of bills passed, critize laws and provide citizens with comprehensive info

• report unethical practices

Challenges of reporting legislation

• Article 105 - Center level privilege

• Article 194 - State level privilege

• These privileges such as immunity from court proceedings before and after each session makes it hard for media personals to perform their duties effectively

Sedition

Conduct or language inciting rebellion against the authority of a state.

19(2), Section 124(A)

Section 294 (BNS- Bharatiya Nyaya Sanhita)

Criminalizes production, display, distribution, sale of obscene materials.

Prohibits obscene acts and songs in public.

Obscene

Lascivious material or content that appeals to prurient (sexual interest) interests.

Obscenity test

• Hickling test

• Miller’s test

• Indian community standard test

Hickling test

The court assess the material based on whether it would “corrupt the minds of the vulnerable”.

Miller’s test

• Does the material taken as a whole appeal to a morbid or unhealthy interest in sexual matters - Prurient interest

• Patently offensive depiction

• Lack of serious value - does the material taken as a whole lake serious literature, artistic, political or scientific values

Indian community standard test

Based on prevailing standards of a community at a particular time

Lascivious

Feeling or showing inappropriate or desire for sexual interest/activity.

Article 105

Power, privilege of house of parliament and its members.

• No member of parliament is libel to court proceedings during the on going session.

• No person shall be libel for their words (legal immunity)

• Freedom from arrest - Members are exempt from arrest in civil cases during an on going session (40 days prier to the session and 40 days after)

• Exemption from judicial enquiry - Judiciary cannot question the irregularity of sessions.

US legislation

• US strives to be near absolute free speech

• first amendment from 1791 - Prohibits the government from making laws that abridge freedom of speech and press

• US supreme court has a strong presumption against censorship before publication

• Public officials and public figures face a high threshold when suing for liable.

UK legislation

• UK law has moved from restrictive licensing act towards a more self regulatory system which includes privacy rights.

• The modern act provides defense for truth, honest opinion and matters of public interest.

India legislation

• A hybrid of liberty and colonial statutes

• we have both constitutional rights and freedom as well as inherited colonial era regulations (OSA- Official Secrets Act 1923)