Freedom Of Expression In India

An Essay on the Expanding Trends and New Challenges to

Freedom of Expression in India

Joydip Ghosal

Pursuing Ph D from WB NUJS, Kolkata, India

Guest Lecturer, Surendranath Law College, Kolkata, India

ABSTRACT: India presents a mix picture of laws and events on freedom of expression. On the one hand some laws restrict freedom of expression and on the other hand certain recent events and laws are making freedom of expression more liberal than it was ever before. Whereas a number of new challenges emerged globally on the topic of freedom of expression and number of measures have been taken to overcome those challenges but

India’s position with regard to those challenges is in near-total absence. In such a situation India should settle its position

Traditionally, the freedom of expression was deemed to guarantee effective political and social debate essential for the proper operation of any democratic system.2

In law, access to the internet is a fast developing area. It is well established that access to the means of communication is vital to the exercise of right to freedom of expression. The internet, both publishing and communication tool, has become a key instrument for the exercise of the right to freedom of expression. The interactive nature of the internet combines within one medium both the right to receive as well as the right to express and disseminate information, ideas and opinions. The laws envisaged for regulating the internet have not kept pace with the changes in the medium and that is a cause for worry as these laws have proven to be either unconstitutional or obsolete.

Next is the issue of privacy which come into focus with the growth of e-governance and information technology. Print media was seen to be invading privacy of influential persons in the last century are challenged once again with the way the internet is transforming the idea of publishing, communicating and reaching out

Dickerson, Freedom of Expression in the 21st century 14 (Pine Forge Press, Inc., New Delhi, 1999).

2

John Stuart Mill, On Liberty and Considerations of Representative Government 14 (1st ed. 1946).

3 Ashby Donald and others v. France (Appl. Nr. 36769/08).

An Essay on the Expanding Trends and New Challenges to Freedom of Expression in India www.ijhssi.org 28 | P a g e territoriality and borders? These are bringing into question the traditional laws, norms, means of communication and modes of trade and commerce. Now the challenge will be to ascertain how a nation can apply its own rules of law without diminishing the freedoms available to citizens of other countries.

II. THE LAWS THAT RESTRICT FREEDOM OF EXPRESSION

India presents a picture with much secrecy legislation still in place restricting the free flow of information. No doubt, the freedom of speech and expression, like any other fundamental rights, is not absolute and can be reasonably restricted but the only restriction which may be imposed under Article 19 (1) (a) are those which Article 19(2) permits and no other. However, a number of Indian laws have a wide range of content that is objectionable and invite punitive