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freedom of speech and expression

English · Constitutional and administrative

Meaning. The citizen's fundamental right under Article 19(1)(a) to express opinions by any medium, subject to Article 19(2).

Article 19(1)(a) guarantees all citizens freedom of speech and expression. Courts have read it to include freedom of the press, the right to receive information, commercial speech and expression through films, the internet and symbols. It belongs to citizens only; foreigners must rely on Article 21.

The State may impose only reasonable restrictions on the grounds listed in Article 19(2): sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation and incitement to an offence. The list is exhaustive. In Shreya Singhal (2015) the Supreme Court struck down s.66A of the IT Act, holding that speech can be restricted only when discussion or advocacy reaches the level of incitement, and that vague, overbroad restrictions chill protected speech.

Example

A law punishing “annoying” online posts fails Article 19(2), since annoyance is not one of the listed grounds of restriction.

In Indian law

See also

fundamental rights · reasonable restrictions · sedition · defamation

Read more in the study notes

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