1
RIGHT TO INFORMATION AND MEDIA LAW
PROJECT REPORT
(Session 2022-23)
TOPIC: The expansion of the “Right to Free Speech and
Expression” with main focus on Freedom of Press
SUBMITTTED BY: SUBMITTED TO:
Aarti Ms. Nehmat
B.Com.L.L.B.(Hons.)
Section: D
Roll No: 181/19
Semester: 7th
2
ACKNOWLEDGEMENT
This is to acknowledge that I, Aarti a bonafide student at the University Institute of Legal
Studies, Panjab University, have made this project with the support of a few people who
deserve a word of appreciation for their contribution in the making of this project; firstly, I
would like to express my heartfelt gratitude to Professor Dr Rajinder Kaur, Director, UILS
for her never-ending trust in the students.
Thereafter I would like to thank Ms. Nehmat for the unnerving efforts she puts into her
teachings. I am thankful to her for giving me this opportunity to research such an informative
topic. Lastly, I would express my heartiest gratitude to my family and friends for their
constant support.
Aarti
(Name of Student)
3
TABLE OF CASES
Case Citation
Ajay Gautam v. Union of India & others AIR 2015 Delhi 92.
Bennet Coleman and Co. v. Union of India AIR 1973 SC 106.
Bijoe Emmanuel vs. State of Kerala 1987 AIR 748
Brij Bhushan v. State of Delhi AIR 1950 SC 129
Express Newspaper v. Union Of India AIR 1958 SC 578
L.I.C. v. Manubai Shah (1992) 3 SCC 637
Maneka Gandhi v. Union of India (1978) 1 SCC 248
Naresh Shridhar Mirajkar v. State of Maharashtra 1967 AIR.
Prabha Dutt v. Union of India (1982) 1 SCC 1.
AIR 1950 SC 124
Romesh Thapar v. State of Madras
Sakal Paper Ltd. V. Union of India AIR 1962 SC 305
S. Rangarajan v. P. Jagjivan Ram 1989 SCR (2) 204
S. Sudin v. Union of India (1986) 1 SCC W.P(C).No.
32529
Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd. (1995) 5 SCC 139
Union of India v. Association for Democratic Reform 2002 (3) SCR 294.
Union of India v. Naveen Jindal 2004, 2920 of 1996.
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CONTENTS
INTRODUCTION ................................................................................................................ 5
Background ....................................................................................................................... 5
RIGHT TO FREEDOM OF SPEECH AND EXPRESSION.................................................. 6
EXPANDING SCOPE OF THE RIGHT OF FREEDOM OF SPEECH AND EXPRESSION 8
Freedom of Press: .............................................................................................................. 9
Freedom of Circulation ................................................................................................ 10
Right to Broadcast ....................................................................................................... 11
Report Court Proceeding ............................................................................................. 11
Right of the Press to Conduct Interview ....................................................................... 11
Right to Information: ....................................................................................................... 12
Right to Reply ................................................................................................................. 12
Right to Not to Speak or Right to Silence ........................................................................ 13
Right to Advertisement or Commercial Speech ............................................................... 13
Right To Criticise ............................................................................................................ 14
Right to Expression Beyond National Boundaries ........................................................... 14
CONCLUSION ................................................................................................................... 15
BIBLIOGRAPHY ............................................................................................................... 16
5
INTRODUCTION
Speech is God’s gift to mankind. Through speech a human being conveys his thoughts,
sentiments and feeling to others. Freedom of speech and expression is thus a natural right,
which a human being acquires on birth. It is, therefore, a basic right. The people of India
declared in the Preamble of the Constitution, to secure to all the citizens liberty of thought
and expression. This resolve is reflected in Article 19(1) (a) which is one of the Articles
found in Part III of the Constitution, which enumerates the Fundamental Rights.
Man, as rational being desires to do many things, but in a civil society his desires have to be
controlled, regulated, and reconciled with the exercise of similar desires by other individuals.
The guarantee of each of the above right is, therefore, restricted by the Constitution in the
larger interest of the community. The right to freedom of speech and expression is subject to
limitations imposed under Article 19(2). Public order as a ground of imposing restrictions
was added by the Constitution (First Amendment) Act, 1951. Public order is something more
than ordinary maintenance of law and order. Public order in the present context is
synonymous with public peace, safety, and tranquillity.
Right to Freedom secure Right to lead a dignified life. It is these existences of freedom that
brings meaning to democracy. It is only by free speech people could come together to raise
voice and achieve political influence. Freedom of speech and expression is also regarded as
the first condition of liberty.1
Background
Many Constitutions and Statutes of various states guarantee freedom of speech and
expression. Right of freedom of speech can be traced long back to England’s Bills of Rights,
1689, which adopted freedom of speech as a Constitutional Right. In 1789, French
Revolution adopted the declaration of Rights of Man and Citizen, which further affirmed that
the freedom of speech is an irrefutable right.
The Universal Declaration of Human Rights, which was adopted in 1948, also states that every
person should have the “Freedom to express their thoughts and opinions”. Freedom of speech
and expression is accepted as a Human Right under Article 19 and now is an integral part of
international and regional Human Rights. In International human rights the freedom of speech
and expression is recognized in International Covenant on Civil and Political Rights (ICCPR).
Article 19 of the ICCPR states that-
“Everyone shall have the right to hold opinions without interference and everyone shall have
the right to freedom of speech and expression; the right shall include freedom to seek, receive,
and impart information and ideas of all kinds, regardless of frontiers either orally or the form
of writing or print, in the form of art, or through any other media of their choice”.2
1
RIGHT TO FREEDOM OF SPEECH AND EXPRESSION VIS A VIS FREEDOM OF PRESS, available at
https://www.iilsindia.com/.
2
Sarthbodhi Wankhade, Freedom of Speech and Expression – Article 19(1)(a), (2020) available at
https://www.lawcolumn.in/.
6
RIGHT TO FREEDOM OF SPEECH AND
EXPRESSION
Freedom of speech and expression means right to express one’s own mind, believes and
opinions, freely by the words of mouth, pictures, paintings, or any other way. Right to
freedom of speech and expression is the crux of free society and it must be safeguarded at all
times.
Other rights that allow or help Indian society develop and progress are supported by freedom
of speech and expression which is also a fundamental human right. Free speech and
expression have always been important throughout history as it facilitates many changes, one
of which is the French revolution.
Let us have an example of this: compare the past when women were not allowed to vote with
the present day. Now women are allowed to vote. How does this happen? It happens because
of the right of free speech and expression. The right to free speech and expression have that
power through which it can break any type of giant brick that comes in its way.
In India, the freedom of speech and expression is granted by Article19(1)(a) of the Indian
Constitution, which is available only to the citizens of India and not to foreign nationals.
Freedom of speech under Article 19(1)(a) includes the right to express one’s views through
any medium, which can be by way of writing, speaking, gesture or in any other form. It also
includes the rights of communication and the right to propagate or publish one’s opinion.
The right that is mentioned above, guaranteed by our constitution, is regarded as one of the
most basic elements of a healthy democracy because it allows citizens to participate in the
social and political process of a country very actively. 3
19. Protection of certain rights regarding freedom of speech, etc.—
(1) All citizens shall have the right—
(a) to freedom of speech and expression;
The clause (1)(a) of article mentioned above guarantees the right to freedom of speech and
expression to Indian citizen, however, clause (2) of the same article provides the ground on
which the reasonable restriction can be imposed by the state which limits the scope of this
right.
The main elements for the right to freedom of speech and expression are as follows:
1. This right is available only to a citizen of India and not to the person of other
nationalities i.e., foreign nationals.
2. The freedom of speech under Article 19(1)(a) of the Indian constitution includes the
right to express oneself through any medium, such as in words of writing, printing,
gesture, etc.
3
Amanat Raza & Riya Sancheti, Freedom of Speech, and Expression (2019) available at
https://blog.ipleaders.in/
7
3. This right is not absolute, which means that the government has the right to
make laws and to impose reasonable restrictions in the interest of sovereignty and
integrity of India, friendly relations with foreign states, the security of the state, public
order, decency, morality, defamation and contempt of court and incitement to an
offence.
4. Such a right ought to be implemented as much by the action of the State as by its
inaction. Thus, failure on the part of the State to guarantee the freedom of right and
expression to all its citizens would also constitute a violation of Article 19(1)(a) of the
Indian constitution. 4
There are many case laws which shows the manner in which this right is being exercised by
the people:
Union of India v. Naveen Jindal,5
Facts: The respondent Naveen Jindal was not allowed to hoist the national flag at the office
premise of his factory by government officials on the ground that it was not permissible
under the Flag Code of India.
Judgment: In this case, the high court held that the restrictions that the Flag Code imposed
on citizens on hoisting the National Flag were not permissible under clause (2) of Article
19 of the Indian Constitution. The court has also stated that displaying a flag is an expression
of pride as well as an expression of genuine enthusiasm and it can only be restricted in
accordance with what has been prescribed in the Constitution, otherwise, the restriction
would discourage the citizens or Indian nationals from identifying with the flag of the
country.
4
Supra Note 2.
5
2004, 2920 of 1996.
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EXPANDING SCOPE OF THE RIGHT OF
FREEDOM OF SPEECH AND EXPRESSION
The freedom of speech and expression under Article 19(1)(a) is a concept with diverse facets,
both with regard to the content of the speech and expression and in the means through which
communication takes place. It is also a dynamic concept that has evolved with time and
advances in technology.
Article 19(1)(a) covers the right to express oneself by word of mouth, writing, printing,
picture or in any other manner. It includes the freedom of communication and the right to
propagate or publish one’s views. The communication of ideas may be through any medium,
newspaper, magazine or movie including the electronic and audio-visual media.
It is noteworthy here that through the judicial creative approach, a list of different rights
has flown from the basic freedom of speech and expression. The honourable Supreme
Court has in numerous cases deduced certain fundamental features which are not
specifically mentioned in Article 19(l)(a) on the principle that certain unarticulated rights
are implicit in the enumerated guarantee. Thus, the judicial craftsmanship owns the credit
of widening the horizons of the freedom of speech and expression by including it in certain
multifarious aspects like –
Freedom of press,
Freedom of circulation,
Right to Broadcast
Reporting court proceedings
Right of the press to conduct interviews
Freedom of press inferred from the Right of Free Speech and Expression is a significant
right which further includes several other aspects or rights without which the freedom
granted to the press under Article 19 would have no value.
Right to receive information,
Right to reply,
Right not to speak,
Commercial speech
Right to criticize,
Right to expression beyond national boundaries.6
Further we are going to discuss certain judgements in which the court pronounced regarding
the above-mentioned rights briefly, however, primarily we are going to focus on freedom of
press.
6
Amit Kumar, Expanding Horizon of Freedom of Speech And Expression, available at
http://www.legalservicesindia.com/.
9
Freedom of Press:
In simple terms, a press means all plant machinery, implements and other materials, by which
means, printing is done. It also includes those who engages in the production of the foregoing
articles, such as printer, editor, journalist, and author etc.
Freedom means absence of control, interference, restriction, boundation. Freedom of press
here means the right to print and publish without any interference from the state or any
authority established by it.7
Unlike the first amendment to the American constitution, the Indian constitution does not
make a specific provision for the freedom of press. The question of whether or not to insert in
the Indian constitution a separate right for the press as distinct from that of ordinary citizen
was extensively debated by members of constituent assembly. The constituent assembly
concluded that's such a provision was not necessary.
Dr. BR Ambedkar, Chairman of the Constituent Assembly’s drafting committee argued:
The press is merely another way of stating an individual or a citizen. The press has no
special rights which are not to be given or which are not to be exercise by the citizen in his
individual capacity. The editor of press or the manager are all citizen and therefore when
they choose to write in newspapers, they are merely exercising their right of expression and
in my judgment therefore no special mention is necessary of the freedom of press at all.
Although no special provision was made to safeguard the rights of the press, the courts have
time and again confirmed that rights of the press are implicit in the guarantee of freedom of
speech and expression under Article 19(1)(a) of the constitution.8
Some of the important judgements in this regard are:
Romesh Thapar v. State of Madras9
This case involve a challenge against an order issued by the government of Madras under
section 9(1-A) of the Madras Maintenance of Public Order Act, 1949 imposing a ban on the
entry and circulation of the journal, crossroads, printed and published by the petitioner.
The courts struck down section 9(1-A) holding that the right to freedom of speech and
expression was supreme, and nothing curtail this right unless and until it cause any danger to
the foundation of the state. The said provision which authorised the imposition of restriction
for security of public and maintaining public order fell outside the scope of reasonable
restriction permitted under Article 19(2) and was held to be unconstitutional.
In Brij Bhushan v. State of Delhi 10the Supreme Court quashed a pre censorship order
passed against the publishers of Organisers. The order was passed by the authorities under
Section 7 of the East Punjab Safety Act, 1949.
7
Anupam Shukla, Freedom of Press in Indian Constitution, (2017) available at https://kailashafoundation.org/
8
Madhavi Goradia Divan, Facets of Media Law (Eastern Book Company, Lucknow, 1st edn., 2006)
9
AIR 1950 SC 124.
10
AIR 1950 SC 129
10
The court held that Section 7 which authorise such a restriction on the ground that it was,
necessary for the purpose of preventing any activity which endangers the public safety or
disturb the public order, did not fall within the purview of Article 19(2).
Freedom of Circulation
The freedom granted to press to freely express their opinion and publish news and articles so
that people would become aware would bear fruit only when it is also allowed to circulate its
information to the public at large freely and without any unnecessary restriction. There are
following case laws which illustrate the position of press:
In Sakal Papers Ltd. v. Union of India11, the Daily Newspapers (Price and Control) Order,
1960, which fixed a minimum price and number of pages which a newspaper was entitled to
publish was challenged as unconstitutional by the petitioner on the ground that it infringed
the liberty of the press. The Court said, the right of freedom of speech and expression cannot
be taken away with the object of placing restrictions on the business activity of a citizen.
Freedom of speech can only be restricted on the grounds mentioned in clause (2) of Article
19. It cannot, like the freedom to carry on business, be curtailed in the interests of the general
public.
In Bennet Coleman and Co. v. Union of India12, the validity of the Newsprint Control
Order which fixed the maximum number of pages (10 pages) which a newspaper could
publish was challenged as violative of fundamental rights guaranteed in Article 19(1) (a) and
Article 14 of the Constitution. The Court held that the newsprint policy abridges petitioner’s
right of the freedom of speech and expression.
In Indian Express Newspaper v. Union of India13, the petitioners, publishers, of daily
newspapers and periodicals, challenged the imposition of import duty and the levy of
auxiliary duty on the newsprint on the ground of infringement of the freedom of press as it
imposed a burden beyond capacity of the industry and also affected the circulation of the
newspapers and periodicals. The Court held that the press industry was not free from
taxation. Taxes have to be levied by reason of public services, facilities, and amenities
enjoyed by the newsprint industry, the burden of maintaining which falls on the Government.
The Government cannot take power itself to pre-judge the nature of contents of newspapers
even before they are printed. Imposition of such a tax restriction virtually amounts to pre-
censorship of a newspaper which is prohibited by the Constitution.
The year 2015 witnessed a chain of development in the sphere of the freedom of speech and
expression. The Court not only interpreted the provisions of the law relating to the said right
but also to a great extent extended its scope. In S. Sudin v. The Union of India & others, 14
the Court as to the freedom of press and media held that the prohibition on press and media
from publishing any call for bandh and hartal would be violative of right of people to know
and receive information and no writ can be issued for restraining media for that purpose.
11
AIR 1962 SC 305.
12
AIR 1973 SC 106.
13
AIR 1958 SC 578.
14
(1986) 1 SCC W.P(C). No. 32529.
11
Right to Broadcast
In Ajay Gautam v. Union of India & others,15 a petition was filed for prohibition on
exhibition of film “PK”. The Court held that “right to communicate and receive ideas, facts,
knowledge, information, beliefs, theories, creative and emotive impulses by speech or by
written word, drama, theatre, dance, music, film, through a newspaper, magazine or book is
an essential component of freedom of speech and expression. And this right cannot be
suppressed on ground of formation of harmful act by its audience as a result of such beliefs
unless commission of harmful acts is a real close and imminent consequence of speech in
question.” The Court dismissed the petition as petitioner does not satisfy court of „clear and
imminent danger‟. The Court also held that mischievous creation of law-and-order situation
cannot be a ground for interfering with certification of a film, if otherwise found to be in
order.
Report Court Proceeding
The right to report judicial proceedings stems for the necessity for transparency. Justice must
not only be done, but it must also be seen to be done. Openness is a safeguard against judicial
error and misconduct.
The media enjoys privileges on account of the citizen’s right to be informed on matters of
public importance. It is because the media are the eyes and ears of the general public. They
act on behalf of general public. Their right to know and the right to publish is neither more
nor less than that of the general public.
The journalist has a fundamental right to attend proceedings in court and the right to publish a
faithful report of the proceedings witnessed and heard in court. This right is available in
respect of judicial and quasi-judicial tribunals.16
In Naresh Shridhar Mirajkar v. State of Maharashtra 17, the Supreme Court held that the
court may restrict the publicity of proceedings in the interests of justice. The court has the
inherent power under Section 151 of Code of Civil Procedure, 1908 to order a trial to be held
in camera, but this power must be exercised with great caution and only where the court is
satisfied beyond doubt that the ends of justice would be defeated if the case were to be tried
in open court.
Right of the Press to Conduct Interview
This is a limited right subject to the willingness of the person being interviewed.
In Prabha Dutt v. Union of India18, the petitioner was seeking to interview the condemned
prisoner Ranga and Billa. The court held that press does not have an absolute right to
information and there is no legal obligation on the part of citizen to supply that information.
An interview may be conducted provided the convict give his consent to being interviewed.
The right to interview would also be subject 2 roll 549 off the manual Ford superintendence
15
AIR 2015 Delhi 92.
16
Supra Note 6.
17
1967 AIR.
18
(1982) 1 SCC 1.
12
and management of jails which allows every prisoner sentenced to death to give interviews as
the jail Superintendent considered reasonable first stop the court held that where there are yt
reasons to do so the interview can be refused although the reason out to be recorded in
writing.
All the above case laws are instances which shows that how the scope of right to freedom of
speech and expression has widened with time pertinent to the freedom of press. However,
there are still many instances where restrictions are imposed and by using other mean like
provision of defamation and sedition the liberty provided to the press is curtailed.
There are also other rights which originated from the expansion of the right to free
speech and expression which are elucidated below:
Right to Information:
The right to know, to information is another facet of freedom of speech. The right to know, to
receive, and to impart information has been recognized within the right to freedom of speech
and expression. A citizen has a fundamental right to use the best means of imparting and
receiving information and as such to have access to telecasting for the purpose.
In a landmark judgment in Union of India v. Association for Democratic Reforms 19, a
three-judge bench held that the amended Electoral Reforms Law passed by Parliament is
unconstitutional as being violative of citizen’s right to know under Art. 19(1). It is necessary
for the citizen to have the information about the candidates who stood in election, so that they
can make decision to whom to cast their vote.
Right to Reply
The freedom of speech and expression include the right to respond or the right of rebuttal.
This was held by the Supreme Court in L.I.C. v. Manubai Shah20. The case arose out of a
publication in a newspaper of an article by the trustee of a consumer rights organization. The
article criticized unfair practices adopted by the L.I.C. on its policy holder. A member of the
L.I.C. responded to this article challenging the conclusion of the trustee and published them
in the same newspaper The trustee published his rejoinder which also appeared in the same
newspaper. Meanwhile the author of the counter had his piece published in the ‘Yogakshema’
the inhouse magazine of the L.I.C. When trustee tried to have his rejoinder published in the
same journal, his request was turned down on the ground that the magazine was an in-house
publication.
Adopting the fairness doctrine, the High Court allowed the trustee’s petition the Supreme
Court upheld the High Court judgment and held that LIC was under an obligation to publish
the rejoinder since it had published the counter. The trustee’s fundamental right of speech and
expression entitle him to insist that his view on the subject should reach readers so that they
have a complete picture rather than a lopsided or distorted one.
19
2002 (3) SCR 294.
20
(1992) 3 SCC 637.
13
However, the court also clarified that there was no absolute rule that public institutions was
under an obligation to publish any matter that a citizen forwarded for publication.
Right to Not to Speak or Right to Silence
The Supreme Court upheld in Bijoe Emmanuel vs. State of Kerala21 and the National
Anthem Case that no person can be put under any compulsion to sing the National
Anthem “if he has genuine conscientious objections based on his religious faith.” In the
same instance, three students who belonged to Jehovah’s Witnesses were expelled from
school on grounds of refusal to sing the National Anthem which was in clear violation of the
circular issued by Director of Public Instructions Kerala. The circular made it obligatory to
sing the National Anthem in school. Their contentions were based on religious faith, which
did not permit them to join in any rituals except in the prayer of Jehovah, their God.
Supreme Court reversed the decision of the Kerala High Court which had upheld the
expulsion of students and upheld that no offense was committed under the Prevention of
Insults to National Honour Act, 1971 as they stood up respectfully for the National Anthem.
The right to silence was recognized as a part of the right to freedom of speech and expression.
Right to Advertisement or Commercial Speech
A product or a service may be advertised through a variety of methods such as hand bills,
circulars, direct mail, billboards, signboards, or electric devices, newspapers and magazines,
radio, television, the internet and so on.
In Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd.22, the Supreme Court held that a
commercial advertisement or commercial speech was also a part of the freedom of speech
and expression, which would be restricted only within the limitation of Article 19(2). The
Telephone Nigam permitted the contractors to publish telephone directories in “Yellow
pages” used to be added to the directory published by the Nigam in white pages. The Bombay
High Court allowed the appeal of the Nigam, which sought a declaration that it alone had
exclusive right to publish telephone directory and the Tata Press has no right to publish the
list of the telephone subscribers without its permission as it would be violation of Indian
Telegraph Act. The Tata Press went in appeal to Supreme Court. Admitting the appeal, the
court said:
The Advertisement as “Commercial Speech” has two facts. Advertising which is no more
than a commercial transaction is nonetheless dissemination of information regarding the
product advertised. Public at large are benefited by the information made available through
the advertisements. In a democratic economy, free flow of commercial information is
indispensable. There cannot be honest and economical marketing by public at large, without
being educated by the information disseminated through advertisements. The economic
21
1987 AIR 748.
22
(1995) 5 SCC 139.
14
system in a democracy would be handicapped without there being freedom of “Commercial
Speech”.
Right To Criticise
In Democracy, it is very normal to have different opinions and one is free to express and
share their thoughts. State policies and government operation are open to criticism for all
which the very essence of Democracy.
In S Rangarajan vs P. Jagjivan Ram23, it was held that every person has a right to express
and form their opinion on any issues of general concern.
Right to Expression Beyond National Boundaries
The right to expression go beyond national boundaries. The revolution in communications
and the electronic media has broken down transnational barriers. It has made possible the
transmission of information to any part of the world in a matter of seconds. It is possible via
internet and phone.
“Everyone has a 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”. 24
In Maneka Gandhi vs Union of India25, the Supreme Court considered whether an Indian
citizen’s right to freedom of speech and expression extend beyond the geographical limits of
India and held that the freedom of speech and expression is not confined to National
boundaries. The court observed that author of the constitution had deliberately chosen not to
use the words confining the right by refraining from the use of words ‘in territory of India’ at
the end of the Article(1)(a).
23
1989 SCR (2) 204.
24
Supra Note 6.
25
(1978) 1 SCC 248.
15
CONCLUSION
Freedom of speech and expression is the mother of all liberties and freedom of press can be
regarded as the very business of a democratic form of government.
Richard M. Schmidt has rightly said “our freedom depends in large part, on the
continuance of a free press, which is the freedom of speech and expression of individual or
press”.
But it is not unfettered. Such freedoms are subjects to reasonable restrictions and one such
restriction is censorship. Article 19 (2) of the constitution of India provides basis for
imposition of restrictions. Consequently, so many laws have been enacted which provides for
censorship viz. the Press Council of India Act,1978, the Press (Objectionable Matters)
Act,1951, the Indian Cinematographic Act, 1952 etc. These laws are of such a nature that if
they will not be used with caution, may lead to total deprivation of freedom of speech and
expression. Thus, it becomes incumbent upon the judiciary to strictly scrutinize restrictions in
the form of censorship and allow such restrictions only in a situation where there is no other
option left with the Courts. Often the grounds on which censorship is imposed are of vague in
nature. So, Courts should give narrow interpretation to those terms. By doing so it may be
able to protect such a noble and cherished value like freedom of speech and expression.
After concluding we can say that the right to freedom of speech and expression is an
important fundamental right, whose scope has been widened to include freedom of the press,
right to information which also includes commercial information, right to not speak and right
to criticize.
In the modern world, the right to freedom of speech does not include only freedom to
express one’s view through words but it has also included several means of communication to
express one’s views. The right that we talked about is subject to reasonable restriction under
Article 19(2) of the Indian Constitution.
16
BIBLIOGRAPHY
BOOK:
Madhavi Goradia Divan, Facets of Media Law (Eastern Book Company, Lucknow, 1st
edn., 2006)
WEBSITES:
Amanat Raza & Riya Sancheti, Freedom of Speech and Expression (2019) available
at https://blog.ipleaders.in/ . (last visited on 29 October 2022)
Tanu Priya, Freedom of Speech And Expression, (2014) available at
https://www.lawctopus.com/. (last visited on 29 October 2022)
Amit Kumar, Expanding Horizon of Freedom of Speech And Expression, available at
http://www.legalservicesindia.com/. (last visited on 28 October 2022)
Prachi Darji, Freedom of Speech, and Expression in India, (2019) available at
https://www.myadvo.in/. (last visited on 29 October 2022)
Rights to Freedom of Speech and Expression, (2018) available at
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RIGHT TO FREEDOM OF SPEECH AND EXPRESSION VIS A VIS FREEDOM
OF PRESS, available at https://www.iilsindia.com/. (last visited on 28 October 2022)
Right to Freedom of Speech and Expression, (2020) available at https://lexpeeps.in/.
(last visited on 27 October 2022)
Sarthbodhi Wankhade, Freedom of Speech and Expression – Article 19(1)(a), (2020)
available at https://www.lawcolumn.in/. (last visited on 30 October 2022)
Anupam Shukla, Freedom of Press in Indian Constitution, (2017) available at
https://kailashafoundation.org/. (last visited on 30 October 2022)
Navya Aggarwal & Aadya Malik, CRITICAL ANALYSIS OF FREEDOM OF
SPEECH AND EXPRESSION IN India, (2020) available at
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the Test of Constitutional Regulations: The Constitutional Perspective, (2016)
available at https://www.researchgate.net/. (last visited on 29 October 2022)
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