How far can your "Right to Speech" protect you?

When India gained independence, our policymakers made a resolve to secure the liberty of thought and expression. Article 19(1) of the Constitution of India gives that Right to all Indians. It states that "all citizens shall have the right to freedom of speech and expression." This Right allows us to express our views through mediums like writing, printing, film, drawing, or verbally.

However, the Right to Speech is not absolute. It comes with certain restrictions to protect the Right to Dignity of the other person. In this note, we will analyze the extent of the Right to Speech and the limits imposed on this freedom.

The Right to Speech is the fundamental Right that every Indian acquires, but certain restrictions can get imposed on this Right for the security of the State. The State can also impose restrictions if the Right to Speech of an individual hampers the friendly relations of India with other States. This fundamental Right also doesn't allow you to contempt the Court (civil or criminal).

Right to Dignity is protected under Article 21 of the Indian Constitution. However, one can easily take that right away if they practice their Right to Speech, i.e., slandering another person. In that scenario, the defence of Article 19 will not protect anyone from being held liable. Although the truth protects the person defaming another from any punishment, it can only help if the statement made was for the betterment of the public.

In the ruling of Shreya Singhal v. Union of India, the Hon'ble Supreme Court held that the virtue of Article 19 could not save any individual who defames via computer or any digital media. The issue of online speech was regarded as a grey area before this judgment. In 2015, the Court held that any online speech that defames another person would not come under the ambit of Free Speech.

The Constitution also doesn't permit anyone to make such statements that incite people to commit a crime. Moreover, any citizen cannot make a statement that challenges the integrity and sovereignty of India. All the restrictions mentioned above are imposed on the Right to Speech. Article 19(2) contains all the limitations that govern the notion of Free Speech in India.

In conclusion, the Indian Courts encounter some difficulty when it comes to balancing fundamental rights. The clash of Article 19 (free speech) and Article 21 (Right to Dignity) always question the Indian Courts. The Hon'ble Supreme Court had explicitly stated that balancing the fundamental rights aims to ensure the "paramount collective interest" of the public. Hence, one individual cannot use his fundamental Right to curtail the fundamental Right of another person.

For a more detailed understanding, refer to the " Shreya Singhal v. Union of India" case study by clicking the case below.

Shreya Singhal v. Union of India