Subject: Indian Polity

Freedom of speech and expression, while being a fundamental right, comes with reasonable restrictions that shape its implementation across different mediums, particularly in the context of hate speech and film censorship.

Concept of Freedom of Speech and Expression

• Guaranteed under Article 19(1)(a) of the Indian Constitution as a fundamental right, it includes:
  • Right to express opinions through various mediums.
  • Right to information and communication.
  • Right to dissent and criticism.
  • Right to commercial speech and advertisement.

Hate Speech and its Coverage

• Freedom of speech does not extend absolute protection to hate speech due to:
  • Article 19(2) which imposes reasonable restrictions on grounds of public order, decency, and morality.
  • Legal provisions under IPC Sections 153A and 295A which criminalize promoting enmity between groups.
  • Recent judgments like the Ranveer Allahbadia case (2025) where the Supreme Court imposed restrictions on social media speech.

Films: A Different Regulatory Framework

• Films face additional scrutiny due to:
  • Their mass appeal and wider societal impact.
  • Visual medium's stronger influence on public opinion.
  • Cinematograph Act, 1952 (amended in 2023) establishing specific regulatory framework.

Unique Aspects of Film Regulation

• Central Board of Film Certification (CBFC) exercises pre-censorship through:

  • Classification system (U, UA, A, S).
  • Content regulation for maintaining social harmony.
  • Anti-piracy measures under Cinematograph (Amendment) Bill, 2023.

• Special considerations include:

  • Balance between artistic freedom and societal norms.
  • Protection of cultural sensitivities.
  • Commercial implications of certification decisions.

The constitutional framework for freedom of speech and expression in India reflects a careful balance between individual rights and social responsibility, as evidenced by the Supreme Court's stance on Section 66A of IT Act and recent amendments to film certification laws. The way forward lies in adapting these regulations to evolving digital platforms while protecting both creative expression and social harmony.