Q4. What do you understand about the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.

Model Answer:

Introduction

The concept of freedom of speech and expression is a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution. It allows individuals to express their opinions freely without fear of censorship or retaliation, fostering democratic discourse. However, this freedom is subject to reasonable restrictions, as outlined in Article 19(2), to maintain public order, decency, and national security.

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Scope of Freedom of Speech and Expression

• Protection of Diverse Views: This right allows citizens to express diverse views on politics, culture, and social issues, essential for a functioning democracy.
• Limitations on Hate Speech: While freedom of expression is a fundamental right, it does not extend to hate speech. Under Article 19(2), speech that promotes enmity, violence, or harm to public order can be restricted. Laws like the Indian Penal Code (Sections 153A, 295A) address hate speech, aiming to protect communal harmony.
• Interpretation by Judiciary: The judiciary has clarified that freedom of expression does not cover speech that incites violence, spreads hate, or threatens social harmony. Cases like Shreya Singhal v. Union of India (2015) reinforced the distinction between free speech and harmful speech.

Films as a Unique Form of Expression

• Impact and Influence: Films, as a powerful medium, reach large audiences and have a strong societal impact, shaping public opinion and cultural norms.
• Censorship and Certification: Unlike other forms of expression, films in India are subject to mandatory certification by the Central Board of Film Certification (CBFC) under the Cinematograph Act, 1952, to ensure that content aligns with cultural and social sensibilities.
• Higher Regulation: Given their visual appeal and potential influence on the public, films face higher scrutiny to prevent moral degradation, violence, or other social concerns, thus standing on a different plane from print or online media.
• Social Sensitivity and Responsibility: Films are viewed as accessible to all, including vulnerable sections like youth, necessitating stricter content regulation to avoid promoting harmful behaviour or ideas.

Conclusion

‍Freedom of speech and expression is foundational to a democratic society, but it does not extend to hate speech that undermines societal harmony. In India, films operate on a distinct plane due to their influence and reach, necessitating additional regulations and censorship to balance creative freedom with social responsibility. This regulatory approach aims to protect societal values while respecting artistic expression.

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