Freedom Of Speech And Expression: A Right With Responsibilities
- IJLLR Journal
- 2 hours ago
- 2 min read
Nidhi Rathi, Research Scholar, Indira Gandhi University, Meerpur Haryana, India.
“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.” - Universal Declaration of Human Rights, Article 19
ABSTRACT
The freedom of speech and expression is universally recognised as a basic human right and a cornerstone of democracy. At the international level, freedom of speech and expression is enshrined as a human right under Article 19 of the Universal Declaration of Human Rights, 1948. This international recognition of freedom of expression has had a substantial influence on the constitutional development of democratic states, including India. Because a democracy without freedom of speech and expression is a democracy in form, not in substance, or become a hollow framework. Democracy attains significance only when citizens have the right to speak, to debate or to criticise without any fear of being prosecuted. In India, this fundamental aspect of democracy is enshrined as a fundamental right under Article 19(1)(a) of the Constitution with some reasonable restrictions, because a right exercised without any limitation endangers public order, decency and morality and even the stability of democracy itself. The present paper seeks to analyse the significance of reasonable restrictions in dealing with emerging challenges such as hate speech, defamation, media trials, obscenity, threats to national integrity and sovereignty and other contemporary issues affecting society. In this context, the Constitution strikes a balance between individual liberties and the collective interests of society by empowering the State to impose reasonable restrictions and ensuring that citizens can exercise their right to freedom of speech expression responsibly without compromising public order, morality, or the integrity of democracy.
Keywords: reasonable restrictions, hate speech, media, defamation, democracy.
