Media And Constitutional Law: Navigating Freedom Of Speech Under Article 19(1)(A)
- IJLLR Journal
- Mar 6
- 2 min read
Issac Shaji, School of Law Christ (Deemed to be University)
John M Cherian, School of Law Christ (Deemed to be University)
ABSTRACT
The expanding reach of newspapers, television, radio, and the internet has made the media an even stronger pillar of our political existence highlighting the media's vital role in the political landscape. With the proliferation of newspapers, television, radio, and the internet, the media’s influence has grown even stronger, particularly in shaping public opinion on crime, suspects, and accused individuals. While the freedom of the press is a fundamental right in civil society, its scope now extends beyond just verbal expression. It includes circulating views through written and audiovisual means, advertisements, and various other communication channels. This broad right also encompasses the right to information and self-expression.
In India, the right to freedom of speech and expression is enshrined in Article 19(1)(a) of the Constitution, classified as a fundamental right. While freedom of the press is not explicitly mentioned, it is inherently included within the right to freedom of expression. This right allows individuals to voice their opinions freely, which is essential to democratic functioning and personal fulfillment.
However, the Constitution of India also imposes reasonable restrictions under Article 19(2). These restrictions ensure that the exercise of freedom of speech and expression does not compromise the sovereignty and integrity of India, state security, or friendly relations with other nations. Additionally, it upholds public decency and morality and protects against contempt of court, defamation, or incitement to an offense. This paper would like to emphasise the requirement of much stronger legislation in India for controlling media especially new media such as OTT Platforms, and also the requirement for the Right to Internet to be considered as an essential fundamental right. The paper aims to balance between freedom and reasonable restrictions crucial to maintaining the social and legal fabric of the country.
Keywords: Freedom of speech and expression, Victim Rights, Media Regulation, Reasonable Restrictions
