Q17.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.

Freedom of speech and expression (Article 19(1)(a)) is a fundamental right, encompassing the right to disseminate and receive information through various forms.

Scope and Limitations

This freedom is not absolute, subject to reasonable restrictions under Article 19(2) on grounds like public order, decency, morality, and state security.

Hate Speech: Coverage and Restrictions

Hate speech, inciting violence or discrimination, is generally not covered. It falls under reasonable restrictions, punishable under IPC Sections 153A, 295A, 505.

Unique Position of Films as a Form of Expression

Films stand differently due to their powerful audio-visual impact, wider reach, and profound influence. They undergo pre-censorship by CBFC under the Cinematograph Act, 1952, a prior restraint not applied to other media. The Supreme Court in K.A. Abbas (1971) upheld this, recognizing the medium's unique nature.

Thus, balancing free expression with public interest and responsibility is crucial, especially for impactful mediums like cinema.