Question

What do you mean by ‘freedom of speech and expression’? What are its limitations?

Answer 1

Hint: : The constitution gives every citizen the freedom of speech and expression. Indian Constitution provides different fundamental rights for all Indian citizens. The freedom of speech and expression mentioned in Article $19(1)$ (a) of the Constitution. It is included as a subpart of the right to freedom.

Complete answer:
Freedom of speech and expression enables an individual to openly share his or her views, with some reasonable restrictions and it provides freedom of expression also. It is an essential right in a democratic country and it is granted by Article $19(1)$(a) of the Constitution of India to the people of India. It includes the ‘liberty of thought and expression’ principle provided in the preamble. Every citizen is entitled to express his views openly. Freedom of speech and expression includes freedom of the press as well. However, this freedom is not absolute or unlimited. The government can impose reasonable restrictions on this freedom. Freedom of speech and expression has certain elements. Following are the main elements of the right:
1. This right is only available to a citizen of India and at the same time not available to foreign nationals.
2. The freedom of speech under Article $19(1)$ (a) includes the right to express one’s views and opinions at any issue through any medium of his or her choice, it includes words of mouth, writing, printing, etc.
3. This right is not absolute and it allows Government to frame laws to impose logical restrictions on the basis of the certain area such as the interest of sovereignty and integrity of India and the security of the state, friendly relations with foreign states, public order, politeness and morality and contempt of court, defamation and incitement to an offense.
4. This restriction on the freedom of speech of any citizen may be forced as much by an action of the State as by its inaction. Thus, failure on the part of the State to promise to all its citizens the fundamental right to freedom of speech and expression would also constitute a violation of Article 19(1) (a).
There are certain limitations to it:
(i) One cannot use this freedom to bring about violence against others.
(ii) One cannot use it to provoke people to rebel against the government.
(iii) One cannot use it to insult others by saying false and mean things that cause harm to a person's reputation or status.

Note: Freedom of speech and expression which disrupt public order and peace, the security of the state, friendly relations with foreign states, morality, etc. are restricted. It is also subject to restrictions such as contempt of court, defamation, or incitement to an offense.